Insurance and Risk Management for Robotic Devices: Identifying the Problems

Abstract Robotic devices represent a promising emerging market, in particular for advanced economies. Relevant investment in research witnesses the desire of states and supranational authorities to acquire a leading role in the industry. However, at least as relevant – for the emergence of such a market – is the development of an adequate legal framework and of innovative risk-management solutions. The producer is in fact responsible for all damages deriving from the use of his product, hence managing that risk is of strategic relevance. Robotic products pose – to that end – some specific issues that are here analysed, both legal and material. With respect to the first, some uncertainty remains about what rules may apply to robots. Notably, the increasing interaction of man and machine that these devices bring about causes different liability schemes to overlap, stressing the limits of those sets of rules, increasing uncertainty both with respect to who should be held liable and upon which conditions. With respect to the second, because of the novelty of some devices, we do not possess sufficient data on what kind of damages this applications may cause, and their frequency. Both aspects call for the elaboration of alternative strategies, including legal reform, to adopt preferable liability rules and allow real-life-scenario testing. Some solutions are here briefly considered.