Unattended cable-car installations and AI liability, shift of responsibility rather than liability-free zone

In the unattended mountain station a camera system with AI-based software monitors the exit area. The system captures arriving chairs and passengers and tracks them until they leave the exit area. On an incident the system decides whether to reduce speed or shut down the lift. Adjustments to the AI are not made during operation but through software updates during maintenance.

The central advantage is shorter reaction times, no attention deficits. The central disadvantage is the lack of anticipation capability. Experienced personnel recognise early that a passenger may have difficulties and preventively reduce speed. The system, by contrast, only reacts to an actually occurring incident such as shutdown after a fall.

From this asymmetry the main line for liability follows. Where the system fails to recognise a hazard which a station attendant would have recognised under the required duty of care, a liability release under Section 9(1) EKHG does not apply. This is precisely the case for exit falls with missing anticipation.

EKHG applies to cable cars because they fall under the railway concept of Section 2 EKHG. The compensation duty falls on the operating undertaking (Section 5 EKHG). Fault liability remains relevant for operational tasks involving human action (monitoring, emergency intervention), but the more autonomous the operation, the more EKHG gains importance as basis.

A liability release under Section 9(1) EKHG requires an unavoidable event which is neither based on a defect in the constitution nor on a failure of functions. With unattended operation, primarily the "constitution" and the "functions" of the installation will be relevant. Software errors or insufficient protection against hacking attacks exclude a liability release. The duties of the cable car and lift operators reach into software maintenance.

A second lever is manufacturer liability under PHG. From 9 December 2026, the new Product Liability Directive (EU) 2024/2853 expressly covers software, including software updates. Even for self-learning systems, manufacturer liability comes into play. This opens up for injured passengers a second debtor, the manufacturer of the AI system alongside the operating undertaking of the cable car.