Requirements › Safety & Prohibited Conduct › S-05 · AI Product Liability & Duty of Care
S-05
Safety & Prohibited Conduct
AI Product Liability & Duty of Care
Developers and Deployers bear a duty of care and product liability for injuries their AI systems cause to users, including liability for defective design, inadequate warnings of foreseeable dangers, and breach of express warranty. Statutes in this category may classify an AI system as a product for product-liability purposes and impose liability regardless of privity or exercise of reasonable care.
Sub-obligations1
Bills5
Jurisdictions5
Enacted0
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1 sub-obligations of S-05

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ID Sub-Obligation Enacted Live Failed Total
S-05.1 Design-Defect and Duty-of-Care Liability
Developers bear product liability for AI systems that cause harm through defective design or failure to exercise reasonable care, where the developer knew or should have known of the defect, accounted for intended and reasonably foreseeable uses, and a feasible safer alternative design existed. Documented pre-deployment testing, risk mitigation, and risk disclosure may establish a rebuttable presumption of non-defectiveness.
 0Enacted 4Live 0Failed 4Total Jump →
Bills That Map This Requirement 6 mappings
S-05.1
Design-Defect and Duty-of-Care Liability
Developers bear product liability for AI systems that cause harm through defective design or failure to exercise reasonable care, where the developer knew or should have known of the defect, accounted for intended and reasonably foreseeable uses, and a feasible safer alternative design existed. Documented pre-deployment testing, risk mitigation, and risk disclosure may establish a rebuttable presumption of non-defectiveness.
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MD
MD HB 952 (Companion Chatbots) § Md. Code, Com. Law § 14–1330(I)
Engrossed eff 2026-10-01
A companion chatbot is considered a product. Operators and developers have an affirmative duty to ensure the chatbot does not injure or harm a user. Operators or developers may be held strictly liable for causing injury or harm to a user. An individual may bring an action for a design defect, a manufacturing defect, or a marketing defect.
MI
MI HB 6392 (AI Misidentification Liability) § MCL 600.2980
Introduced
AI detection tool providers are strictly liable for personal injury, death, or property damage when their AI camera system misidentifies an individual or vehicle and law enforcement acts on that misidentification, with a broad range of downstream police and civilian responses treated as foreseeable consequences that do not cut off liability unless law enforcement acted on independent lawful authority.
NJ
NJ A5607 (Chatbot Content & Data Privacy) § N.J.S.A. 56 (section 4)
Introduced
Chatbot providers bear product liability and a duty to ensure their chatbot's use does not injure users, and are liable for user injury even if they exercised all reasonable care and had no contract with or direct distribution to the user.
SC
SC SB 896 (Chatbot Protection Act) § S.C. Code § 39-80-50
Introduced
Chatbots are classified as products for product liability purposes. Chatbot providers have a duty to ensure that use of the chatbot does not cause injury to a user. A chatbot provider is liable for any injury caused to a user regardless of whether the provider exercised all reasonable care in design and distribution, and regardless of whether the provider directly distributed the chatbot to the user or entered into a contractual relationship with the user.