Artificial intelligence: Growing Litigation Risk – Slaughter & May

‘Businesses are increasingly integrating AI into their working practices – with McKinsey recently reporting that 65% of the respondents to their “State of AI” survey are now regularly using generative AI in their organisations, nearly doubling the percentage from their equivalent survey last year. Given the pace at which AI is developing, legislators across the globe are racing to catch up. The EU AI Act became law in August and, in the UK, an Artificial Intelligence Bill is expected. The EU has also taken steps to make it easier for consumers to bring claims against companies including when they are harmed by AI, introducing the EU Revised Product Liability Directive (to become law in Member States by December 2026) which includes a reversal of the burden of proof in some circumstances such that the burden is on the defendant to show that the relevant product (which can include AI) was not defective.’

Link: https://www.slaughterandmay.com/horizon-scanning-2025/digital-2025/artificial-intelligence-growing-litigation-risk/