Extract from Brendan Pierson’s article “Onerous Bill Offers Early Sign That AI Developers Will Face Massive Litigation Risks”
Congress is considering a bill that would classify artificial intelligence systems as “products” for purposes of products liability law could point to significant litigation risk for AI developers, even though some lawyers say it is unlikely to pass in its current form.
The Aligning Incentives for Leadership, Excellence and Advancement in Development, or AI LEAD Act, introduced by Republican Sen. Josh Hawley and Democratic Sen. Dick Durbin in September, would allow consumers and state attorneys general to bring federal lawsuits against developers or deployers of AI systems for causing harm to consumers.
The law would apply to any software that uses machine learning to help make decisions, whether a standalone product like a chatbot or a component that is part of a larger system, and would allow claims for negligent design, negligent failure to warn, breach of express warranty, and strict liability.
