1
PhD student in private law, University of Science and Culture:Tehran,Iran
2
Associate professor, Faculty of Law, University of Science and Culture, Tehran, Iran
3
Head of Medical Law Department, University of Science and Culture, Tehran, Iran
10.22106/jlj.2025.2051516.6185
Abstract
Artificial intelligence, as an emerging phenomenon, has created significant challenges in the field of civil liability despite its considerable benefits. AI systems, due to their complexity and operational autonomy, have cast doubt upon the traditional notions of causation and fault. From the perspective of corrective justice, the development of liability rules proportionate to the nature of such systems is essential, as their autonomous behavior reduces predictability and expands the scope of potential harm. Nevertheless, even in cases of fully autonomous operation, the role of human actors in the chain of development, production, and management cannot be disregarded. Accordingly, the rules governing civil liability should be designed in a manner that creates effective incentives for reducing the social costs arising from AI-related accidents. Adopting an economic efficiency approach, this article seeks to answer the question of which liability theory is more efficient for each of these two groups. The findings indicate that strict liability for developers and fault-based theory for managers can, respectively, contribute to achieving economic efficiency. This combined model, while creating preventive incentives, can establish a balance between protecting injured parties and encouraging innovation.
ghanbarian,S , Hosseinzadeh,J and Azin,S M . (2026). Civil Liability of Artificial Intelligence Developers and Managers with an Economic Efficiency Approach. The Judiciarys Law Journal, 90(133), 201-227. doi: 10.22106/jlj.2025.2051516.6185
MLA
ghanbarian,S , , Hosseinzadeh,J , and Azin,S M . "Civil Liability of Artificial Intelligence Developers and Managers with an Economic Efficiency Approach", The Judiciarys Law Journal, 90, 133, 2026, 201-227. doi: 10.22106/jlj.2025.2051516.6185
HARVARD
ghanbarian S, Hosseinzadeh J, Azin S M. (2026). 'Civil Liability of Artificial Intelligence Developers and Managers with an Economic Efficiency Approach', The Judiciarys Law Journal, 90(133), pp. 201-227. doi: 10.22106/jlj.2025.2051516.6185
CHICAGO
S ghanbarian, J Hosseinzadeh and S M Azin, "Civil Liability of Artificial Intelligence Developers and Managers with an Economic Efficiency Approach," The Judiciarys Law Journal, 90 133 (2026): 201-227, doi: 10.22106/jlj.2025.2051516.6185
VANCOUVER
ghanbarian S, Hosseinzadeh J, Azin S M. Civil Liability of Artificial Intelligence Developers and Managers with an Economic Efficiency Approach. The Judiciarys Law Journal. 2026;90(133):201-227 (In Persian). doi: 10.22106/jlj.2025.2051516.6185
