Autonomous robot as a source of increased danger in law: harm prevention problems

DOI

10.2991/iscde-19.2019.149How to use a DOI?

Keywords

autonomous robot, source of increased danger, prevention of harm, danger of harm, tort, compensation for harm, liability

Abstract

The law has a number of structures, the use of which, by analogy with the law, is possible in the conditions of the gradual introduction of autonomous robots into economic turnover. Will today's legal regulation be able to handle the issues of preventing harm with robots increasingly wide-spreading and increasingly autonomous. Analyzing and summarizing modern views of scientists regarding the concept of a source of increased danger, the practice of applying the relevant legal norms, as well as the analysis of legal provisions related to autonomous robots, we draw conclusions that it is impossible to classify autonomous robots as traditional sources of increased danger and it is objectively needed to identify them as independent objects of law – autonomous sources of increased danger or sources of superdanger. The work substantiates the necessity of exempting the owners of such sources from increased responsibility (liability without fault) from the moment the robot starts working autonomously. It substantiates the necessity of creating a comprehensive system that ensures the safe operation of autonomous robots, which includes mandatory state certification of such objects, obtaining special permits by the owners of such objects, and mandatory insurance of risks. The proposed changes to the structure to prevent harm, consisting in the consolidation of certain provisions prohibiting activities in case the operating conditions of autonomous sources of increased danger are violated, in the proclamation of the presumption of guilt of the owner will create optimal conditions to minimize offenses.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - E.V. Mishchenko
AU  - T.V. Letuta
AU  - A.E. Shukhman
PY  - 2019/12
DA  - 2019/12
TI  - Autonomous robot as a source of increased danger in law: harm prevention problems
BT  - Proceedings of the International Scientific and Practical Conference on Digital Economy (ISCDE 2019)
PB  - Atlantis Press
SP  - 481
EP  - 485
SN  - 2352-5428
UR  - https://doi.org/10.2991/iscde-19.2019.149
DO  - 10.2991/iscde-19.2019.149
ID  - Mishchenko2019/12
ER  -