When AI misleads a customer, your company remains liable
In brief
According to a British Columbia court, Air Canada was ordered in February 2024 to pay about 812 Canadian dollars after a conversational assistant gave a customer incorrect fare information. The airline could not shift the blame onto the tool. In Europe, the defective-product liability directive will apply to software, including AI, placed on the market or put into service after 9 December 2026.
Source : Journal du Net - « "Casseur-payeur" : avec l'IA, c'est l'entreprise qui paiera la casse »
What it changes for an SME
A Canadian court held an airline responsible for its chatbot's answers. For an SME, that already means refunds, time spent fixing errors and lost customers, while the vendor, according to Journal du Net, often reimburses only a small share. From 9 December 2026, software including AI counts as a product under the EU defective-product directive. A company that substantially modifies a tool or builds it into what it sells can be treated as a manufacturer; France still has to adapt its civil code, but the European date is set.
What you can do
- Name a person who can take over a conversation, correct an answer and grant a commercial gesture without waiting for a committee.
- Have the liability clause of your AI tools reviewed so you know what the vendor actually agrees to pay.
- Check that you keep the exact AI reply, the time and the context, so you can explain yourself if a customer disputes it.
Let's talk about the time you could save.
In 20 minutes, we find where AI could save you time or money. Free, no commitment.