EU AI Liability Directive AILD-Art.4.1: Rebuttable presumption of a causal link (Article 4(1))

Article 4(1) provides that, subject to the conditions in Article 4(2)-(3), national courts presume, for the purposes of applying liability rules to fault-based non-contractual civil-liability claims for damage caused by an AI system, the causal link between the defendant's fault and the output produced by the AI system, or the failure of the AI system to produce an output, where: (a) the claimant has demonstrated, or the court has presumed, the fault of the defendant or a person for whose conduct the defendant is responsible consisting in the non-compliance with a duty of care under Union or national law intended to protect against the damage that occurred; (b) it can be considered reasonably likely, based on the circumstances of the case, that the fault has influenced the AI-system output (or absence thereof); and (c) the claimant has demonstrated that the output (or absence thereof) gave rise to the damage. The presumption is rebuttable.