Vol. 10 No. 5 (2026)
Open Access
Peer Reviewed

Civil Liability for Artificial Intelligence–Related Harm between Contractual and Strict Liability (2021-2025): A Comparative Analytical Study of Selected Arab Legal Systems and the European Union

Authors

Saad Abdullah Al-Hajri

DOI:

10.26389/AJSRP.H030126

Published:

2026-05-30

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Abstract

This article examines civil liability for harm caused by artificial intelligence (AI) amid its rapid deployment in several domains. AI systems-often operating through deep learning and quasi-autonomous decision-making-raise evidentiary challenges associated with the “black box” problem, making it difficult to prove fault and causation under traditional liability models.
The article distinguishes between two situations: (1) AI operating under effective human control, where contractual liability may remain workable in cases of breach of contractual obligations; and (2) AI acting with high autonomy, where strict (objective) liability becomes more appropriate to ensure effective compensation without requiring proof of a clearly identifiable human fault.
Methodologically, the article adopts an analytical and comparative approach, critically comparing the Arab legal framework (Kuwait, Egypt, and Jordan-which largely relies on general rules not designed for complex digital harms-with the European model, which has recently advanced regulatory and compensatory mechanisms (notably risk-based regulation and eased evidentiary burdens). 
The article concludes by proposing a modern framework-particularly for Kuwait-grounded in risk allocation, effective control, and complementary mechanisms such as mandatory insurance and compensation funds.

Keywords:

Civil Liability Contractual liability Strict liability Artificial Intelligence–Related Harm

References

Author Biography

  • Saad Abdullah Al-Hajri, Independent Researcher | Kuwait

    Independent Researcher | Kuwait

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How to Cite

Al-Hajri, S. A. (2026). Civil Liability for Artificial Intelligence–Related Harm between Contractual and Strict Liability (2021-2025): A Comparative Analytical Study of Selected Arab Legal Systems and the European Union. Journal of Economic, Administrative and Legal Sciences, 10(5), 78-93. https://doi.org/10.26389/AJSRP.H030126