Legal Liability for Damages Resulting from the Use of Artificial Intelligence in Engineering Applications

09/11/2026   Share :        
22  

Prepared by: Assistant Lecturer Noor Ali Shakir Introduction The world has witnessed rapid developments in artificial intelligence (AI), which have significantly influenced various engineering fields. AI technologies are now widely used in building design, structural analysis, industrial management, equipment operation, and technical failure prediction. Despite the significant benefits of these applications, their use may result in technical errors that cause material, human, or environmental damages. This raises important legal questions regarding the identification of the party responsible for such damages. First: Artificial Intelligence in Engineering Applications Artificial intelligence has become an important tool in engineering development, contributing to improved design accuracy, reduced errors, and increased productivity. However, excessive reliance on intelligent systems may lead to serious consequences, particularly when inaccurate data or technical defects in algorithms affect engineering decisions. Second: Determining Legal Liability The main legal challenge lies in identifying the party responsible for damages resulting from the use of artificial intelligence. Liability may arise from the software developer due to defects in system design, the engineer due to relying on inaccurate results without proper verification, or the operating institution due to negligence in maintenance and supervision. In some cases, the responsibilities of these parties may overlap, requiring an examination of each party's contribution to the damage. The use of intelligent technology should not automatically exempt any party from legal liability. Third: The Position of Iraqi Law Damages resulting from AI applications can be addressed under the general principles of civil liability established by Iraqi Civil Code No. 40 of 1951, particularly Articles (202) and (204), which establish the principle of compensation for damages caused to others. However, technological developments create new challenges, particularly regarding the difficulty of proving fault and establishing the causal relationship between the technical error and the resulting damage, especially when the decision-making processes of intelligent systems are complex and difficult to explain. Fourth: Legal Challenges and Proposed Solutions Addressing the risks of artificial intelligence in engineering requires legal and technical regulations that ensure the safe use of these technologies. The most important measures include: Requiring developers to test intelligent systems before introducing them into engineering applications. Strengthening human supervision over engineering decisions that affect public safety and infrastructure. Clearly defining the legal responsibilities of engineers, developers, and operating institutions. Developing Iraqi legislation to address the risks associated with modern technologies. Adopting technical documentation systems to facilitate the identification and proof of errors. Conclusion The use of artificial intelligence in engineering applications represents an important step toward developing industrial and construction sectors. However, technological progress must be accompanied by legal safeguards that protect individuals and society from potential risks. Legal responsibility should not diminish in the face of technological advancement; rather, it must evolve alongside it to ensure that technological innovation does not become a source of harm to others. Therefore, establishing a legal framework that balances technological innovation with accountability and compensation is essential to ensuring that technology remains a tool for serving humanity rather than threatening human safety and rights. References Iraqi Civil Code No. 40 of 1951, Articles (202) and (204). Regulation (EU) 2024/1689, Artificial Intelligence Act. Directive (EU) 2024/2853 on Liability for Defective Products.