The Impact of Artificial Intelligence on Civil Liability under Kuwaiti Law: In Light of Comparative Legal Frameworks and the Scope of Legislative Expansion

By By : Lawyer Jumana Mulla Yousif – Dar Al-Mohamah Law Firm 5/1/2026
image

Artificial intelligence has become one of the most prominent manifestations of the modern technological revolution, having permeated multiple sectors such as healthcare, transportation, education, commerce, and public services. With its expanding use, a significant legal issue has emerged concerning the determination of civil liability in cases where damage results from decisions or errors made by intelligent systems—particularly given the relative autonomy of some of these systems from direct human intervention. This raises the question of the adequacy of the general rules of civil liability under Kuwaiti law, especially when compared to foreign legislative frameworks that have adopted broader regulatory approaches in this field. Under Kuwaiti law, there is currently no specific legislation that independently governs civil liability arising from damages caused by artificial intelligence. Instead, recourse is made to the general provisions of the Civil Code, particularly those relating to tort liability, which establish that any person who causes harm to another through fault is obliged to provide compensation. Accordingly, where an artificial intelligence system causes damage, liability may be attributed to the natural or juridical person associated with it—such as the programmer, the manufacturing company, or the user—depending on who is proven to have committed fault or negligence. However, the application of these general rules presents practical challenges, as artificial intelligence systems may operate based on autonomous learning or data-driven analysis in a manner that makes it difficult to establish direct human fault. For instance, if an AI-based medical diagnostic system errs in diagnosing a patient, or if an autonomous driving system causes an accident, the question arises as to who bears liability: the manufacturer, the programmer, or the user? In contrast, certain comparative legal systems have moved toward legislative expansion to address these challenges. The European Union, for example, has adopted an advanced regulatory approach through specialized frameworks governing artificial intelligence. The EU Artificial Intelligence Act represents a modern legislative model based on categorizing systems according to their level of risk and imposing stringent obligations on high-risk systems. In conclusion, artificial intelligence has fundamentally transformed the concept of civil liability, as damage may now arise from intelligent systems that possess neither legal personality nor direct human will. While the current Kuwaiti legal framework provides a general basis for compensation, ongoing technological advancements necessitate legislative modernization to align with practical realities and to ensure a balanced approach between fostering innovation and safeguarding individual rights.

Recent blog

Learn more related journals