The Legal Challenges of Artificial Intelligence in Transportation & Healthcare: Negligence under Malaysian and European Law

This paper explores the legal issues raised by the integration of artificial intelligence (AI) in two key sectors: transportation and healthcare. It examines the historical development of AI and the emerging legal challenges surrounding AI technologies. As autonomous transportation evolves, this paper traces its roots from early automotive advancements to modern AI-powered vehicles, emphasising the legal implications. In healthcare, the adoption of AI in diagnostics and treatments raises questions regarding liability when mistakes occur. This paper delves into the issue of whether AI systems should be granted legal personhood, entitling rights and responsibilities akin to humans. It also discusses the complexity in the law of negligence, particularly determining the duty of care and breach of duty of care involving autonomous systems. This paper also justified that liability should rest with the human agents involved in the creation and deployment of AI technologies due to their lack of personhood and capacity for moral judgement. A qualitative research methodology has been adopted to undertake in-depth research on case laws and regulations made on civil liability involving AI. The findings underscore the necessity for the legal framework to adapt evolving AI landscape, ensuring accountability while fostering innovation in both transportation and healthcare sectors.