I was injured by an AI-powered device. Does the new product liability directive cover this?

What the Law Says

The EU’s revised Product Liability Directive — Directive (EU) 2024/2843 — modernises liability rules to address digital products, including AI systems. It expands the definition of 'product' to cover software, AI, and digital services integrated into physical devices.

Under this Directive, an 'AI-powered device' (e.g., a robotic medical assistant or autonomous vehicle component) is treated as a 'product' if it is placed on the market in the EU. Manufacturers — including producers of AI software embedded in hardware — are strictly liable for damage caused by a defect, regardless of fault.

A 'defect' includes flaws in design, manufacturing, or inadequate instructions or warnings — and now explicitly encompasses insufficient AI training data, opaque decision-making ('black box' behaviour), or failure to update safety-critical AI models.

The Directive applies to personal injury, property damage (over €500), and data loss affecting personal or non-commercial use. Claims must be brought within 3 years from when the injured person knew (or ought to have known) of the damage, the defect, and the identity of the manufacturer — and no later than 10 years after the product was put into circulation.

Statutory Text

‘Product’ means any movable item, including electricity, digital content, software and AI systems, even if embedded in or interconnected with other products.

— Directive (EU) 2024/2843, Art. 3(1) — Definition of ‘product’

Statutory Text

The producer shall be liable for damage caused by a defect in his product… irrespective of whether the damage was caused by an item of digital content, software or an AI system.

— Directive (EU) 2024/2843, Art. 4(1) — Strict liability

Statutory Text

The limitation period for bringing an action for damages shall be three years… and in any event, proceedings may not be brought more than ten years after the product was put into circulation.

— Directive (EU) 2024/2843, Art. 13 — Limitation periods

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