The Liability Question

LinkedIn Post 4: The Liability Question

A pressure vessel fails. An accident occurs. Investigation reveals: the inspection was deferred based on an AI recommendation that was never validated against PSSR requirements.

Now the questions begin:

Who is liable?

• The organization that owns the vessel?

• The competent person who approved the deferral?

• The AI vendor who provided the system?

• All three?

Under UK law, there is no clear answer.

The Health and Safety at Work Act holds organizations and competent persons liable for breaches of duty. But when AI is involved, liability becomes diffuse. Each party can point to the others. A court must assign responsibility. But the law offers no guidance.

Here's what regulators and courts will ask:

1. Did the organization have a governance framework for AI-powered inspection decisions?

2. Did the competent person understand the AI system and have authority to override it?

3. Were sensors validated and monitored for reliability?

4. Were deferral decisions documented with reasoning?

If the answers are yes, liability is contained. If they're no, liability exposure is enormous.

The cost of implementing governance is far less than the cost of a failure followed by regulatory enforcement, civil litigation, and criminal liability.

APMGA governance demonstrates due diligence. It's insurance against ambiguity.

What's your liability position on AI-powered inspection decisions?

#LiabilityGovernance #PSSR #HealthAndSafety #RiskManagement #ComplianceGovernance