Allocating Liability for Harms Caused by Agentic AI Systems

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Allocating Liability for Harms Caused by Agentic AI Systems is a monograph by Nikitha Kotteswaran on a question courts and regulators have not yet answered: who pays when an autonomous AI agent causes harm?

AI agents now book travel, change code in production and operate connected devices. Negligence, product liability and agency law were built for stable products and traceable causes, and agentic systems put pressure on all three. This monograph defines the class of LLM-based software agents it addresses, separates real doctrinal gaps from familiar rules applied to new products, and tests three candidate liability frameworks against stated criteria.

It then argues for a risk-tiered hybrid model that sets liability according to a system’s autonomy and the reversibility of its actions. The analysis is supported by case studies, including insurance implications for cyber and product liability cover, and by a comparative reading of the European Union, United Kingdom, United States, Singapore, South Korea, India and China.

A dedicated India section sets out sequenced reforms, from clarifying the Digital Personal Data Protection Act to creating an AI Regulatory Coordination Council, specific enough to be debated clause by clause. Every source is cited and hyperlinked for verification.

Written for lawyers, regulators, policymakers, insurers, AI developers and researchers working on AI governance, AI liability and agentic AI risk. Published by Indic Pacific Legal Research.

Additional information

IndoPacific.App Identifier

IPLR-IG-017

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Digital

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