Bill > H8052

This bill establishes a new legal pathway for individuals harmed by artificial intelligence (AI) systems by creating a civil cause of action, meaning people can sue for damages. Specifically, it holds "developers" – those who initially train or fine-tune an AI system – liable for injuries caused by the AI if its actions would be considered negligent or an intentional tort (a civil wrong) if performed by a human, provided the user or any intermediary who modified the AI was not at fault. The bill defines an "artificial intelligence system" as an autonomous, machine-based system that infers from input to generate outputs influencing the real or virtual world, and "developer" as someone who trains or fine-tunes an AI. It also creates a rebuttable presumption that an AI system possesses the necessary mental state for a tort if a human in similar circumstances would have acted with that state, and explicitly states that an AI's inability to have a mental state is not a defense. However, developers can avoid liability if they prove the AI met the same standard of care as a human performing the same function or if the injury resulted from a "capabilities failure" where the AI simply didn't perform as expected but didn't act negligently or intentionally. This new law will take effect immediately upon its passage.

Justice

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