Industry must be vigilant about autonomous robots. Urgent legal change is needed.

• Industry has increasing opportunities to use AI robots, i.e. those using artificial intelligence.
• However, under Polish law there are problems with determining liability for possible damage caused by autonomous robots.
• In fact, we have a law that we created in a slightly different economic reality, for different challenges - says Wojciech Bazan, attorney and partner at the JPD law firm, with whom we spoke during the New Industry Forum in Katowice.

Polish law has shortcomings that hinder the robotization of industry. For example, regulations governing industrial plants fail to address situations that may arise from the operation of autonomous robots using artificial intelligence.

Who is responsible for an industrial robot operating on factory premises?

- In fact, we have a law that we created in a slightly different economic reality, for different challenges, so today we have to adapt these structures (robots - ed.) to regulations from years past, which should be amended - says Wojciech Bazan, attorney and partner at the JDP law firm, during a conversation held during the New Industry Forum in Katowice.

He points out that when such an artificial intelligence (AI)-based learning robot causes damage—whether due to a malfunction or a miscalculation—the question arises as to who is responsible. "The manufacturer of this industrial robot or the user?" says our interlocutor.

"These issues aren't really regulated clearly enough today, because we're talking about a warranty as a physical defect inherent in the item. However, the implementation of AI in industrial robots and across the industry means we should change these legal regulations quite quickly. The second simple question is: who is actually responsible for the industrial robot operating on our premises? " Wojciech Bazan points out.

- Today we are reaching for Article 435 of the Civil Code, which was created for the needs of the old industrial revolution, also in other countries - he adds.

In his opinion, regulations that are inadequate to address current challenges may hinder the robotization of Polish industry. Therefore, politicians in parliament should urgently adopt changes to the law that would address current challenges.

- We need a few really specific initiatives from the legislator here, so that entrepreneurs feel confident in how they will implement the new workforce in the form of robots – including AI-powered robots – in their plants - says Wojciech Bazan.

Diligence in negotiating contracts enhances security

But what can entrepreneurs and managers do until parliament passes new regulations? According to the lawyer, the only solution is to make every effort to negotiate contracts for robotic equipment.

- Especially given the limited validity of regulations, contracts for robotization should be actively negotiated, and certain risks can be transferred to the supplier, manufacturer, or integrator, but this must be thoroughly consulted beforehand – with the maintenance services at the industrial plant, with one's lawyers, or with an external law firm – to determine where the supplier's or integrator's liability ends, and where, for example, the user's liability for damages that such a robot could cause ends - says Wojciech Bazan.

"Many entrepreneurs, if they had, so to speak, greater awareness and clarity about how far and what can be negotiated, would probably be more willing to implement automation in their factories. Because since we're talking about spending several million złoty very often, or sometimes even several hundred, if we're to do this while operating under legal uncertainty and not knowing what benefits we can derive from negotiating an automation contract or purchasing an industrial robot for a production line, then if this knowledge were more widely available, it would probably be easier and faster for entrepreneurs to make these decisions," concludes Wojciech Bazan.