نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
This research addresses the inadequacy of classical models for attributing civil liability to employers in cases involving damages caused by the use of artificial intelligence (AI) systems in work processes. In such contexts, factors—including algorithmic decision-making, the multi-agent nature of the chain of causation, and the opacity of internal model mechanisms—pose significant challenges for identifying the conventional tortfeasor, establishing fault, and proving a causal link. By analyzing the potential within Iranian law regarding employer liability—evaluated in light of Common Law experience—this study aims to demonstrate how liability attribution can shift from a focus on the specific harmful act committed by an employee to the employer’s management and control of technological risk. Crucially, this shift can be achieved without creating a conceptual rupture with the foundational principles of civil liability in Iranian law. The research employs a descriptive-analytical methodology with a comparative approach. The central question is: what are the legal criteria for attributing civil liability to an employer under Iranian law when AI systems are involved? The findings suggest that redefining employer liability in the context of AI requires strengthening an "institutional" interpretation of fault, alongside developing criteria rooted in risk management and professional due diligence. Consequently, the assessment of an employer’s conduct should focus on their decisions regarding the selection, deployment, configuration, control, and monitoring of the AI system, as well as the mechanisms established for responding to errors. A comparative perspective reveals that the common law—by leveraging the flexibility of standards of care and certain mechanisms of attribution—has developed capacities to overcome evidentiary impasses; these approaches can serve as a source of inspiration for the dynamic interpretation of Iranian legal rules, as well as for the formulation of practical standards regarding caution and supervision.
کلیدواژهها English
