Generative AI lawsuits are gaining momentum, and some are borrowing a familiar playbook from litigation involving social media companies.
In a recent Bloomberg Law article, Davis+Gilbert Partner Gary Kibel offered perspective on the growing wave of litigation against OpenAI and the legal questions these cases could raise for AI companies.
One issue likely to receive particular attention is the safeguards companies build into their AI products. As Gary told Bloomberg Law, “I’m certain the attorneys general are going to question the AI companies: Why did you not build in more controls?”
The article examines how plaintiffs and state regulators are drawing on product liability and consumer protection theories used in past social media litigation, while confronting new questions presented by generative AI. Unlike traditional social media platforms, where harmful content may originate with third-party users, the lawsuits against OpenAI involve content generated directly by its chatbot, potentially changing the defenses available to AI companies.
For companies developing and deploying AI, these cases are worth watching as courts and regulators consider expectations around product design and safeguards.