AI Companies Could Face Significant Liability for Harms to Consumers
Recently, a number of lawsuits against AI companies have sought to use product liability theory and strategy to hold them accountable for injuries to consumers, especially minors. Some pundits have called this a Big Tobacco moment— using product liability law in this context is novel; but these theories were also successfully used to go after big tobacco companies in the 1990s and to achieve multibillion dollar settlements and changes to cigarette marketing. One of the most prominent pieces of current AI litigation is Florida’s first-in-the-nation lawsuit against OpenAI and its CEO Sam Altman based on the accusation that ChatGPT advised the gunman in a fatal shooting at Florida State University. If you were injured by AI, please give our seasoned Chicago-based product liability lawyers a call. We have many years of experience, and billions of dollars have been recovered in cases with which we’ve been involved.
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The Florida AI lawsuit alleges, among other things, that the company knowingly and aggressively marketed ChatGPT to the public, while hiding significant risks and suppressing safety warnings. Plaintiffs argue that ChatGPT is a dangerous product that has caused users to perpetrate violent acts or suffer from mental health problems. OpenAI, meanwhile, has denied it has done anything wrong.
The Florida AI lawsuit and private lawsuits similar to it are using a product liability strategy similar to the one simultaneously being used against significant social media platforms; they are claiming the AI is defective (large social media companies like Meta have been held accountable for failing to put in place safeguards against sexual predators and addiction). Product liability strategies are especially important because Congress has lagged in enacting federal AI safety regulation that would apply in every state across the country. Without uniform federal standards for the development and implementation of AI, each state is left to enact different and potentially contradictory standards.
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