The Basis of IoT Civil Liability
Alireza IRANSHAHI (Assistant Professor of Law, Payame Noor University)
Asghar MAHMOUDI (Associate Professor of Law, Payame Noor University)
Hossein MALEKI (Ph.D. Candidate in Private Law, Payame Noor University)
Abstract
As a new technology, the Internet of Things has accelerated the transformative role of digital technologies, and the use of Internet of Things devices by consumers is increasing significantly every year. The relationship between the risks associated with these products and the use of this technology may cause problems and damage. One of these issues is the damage that is caused to people and property, and one of the most important goals is to determine which person can be attributed for the damage. And what is the responsibility? The present article, with the analytical-descriptive method, is trying to study the basic rules of civil liability due to product production by stating the existing theories of the basis of responsibility in terms of the current situation and the latest developments in this field, in such a way that the group of manufacturers of IoT devices due to production The defective and damaging product will have liability, the basis of liability of IoT device manufacturers will generally be based on the product liability theory, and the strict liability theory applies to high-risk commercial users such as the medical sector, and the negligence liability theory is suitable for non-commercial users. And the theory of responsibility for breach of warranty can be applied between the manufacturers of Internet of Things devices and their buyers and users. And this issue has gained double importance due to its novelty and various applications, and despite the feeling of emptiness in domestic laws, the clarification of this issue is an undeniable necessity.