AI’s next big legal battle is over product liability

It’s a busy time to be a lawyer for an AI company. British Columbia became the latest government to sue OpenAI last week, alleging the company failed to warn police before February’s mass shooting at Tumbler Ridge Secondary School. The case is about the loss of life at the school, but at its core is an argument plaintiffs are making increasingly often in lawsuits against AI companies. The tools they produce aren’t just services that somebody happened to use. Those bringing cases against AI companies argue that they’re products—and potentially defective ones at that. The province alleges OpenAI failed to alert law enforcement after the shooter’s conversations with ChatGPT triggered internal concerns. The attack killed eight people and wounded 27 others. For its part, OpenAI has said it has measures designed to prevent harm and cooperates with law enforcement when it identifies credible threats. British Columbia isn’t the only example of individuals or groups bringing the fight to AI firms. Matthew and Maria Raine sued OpenAI last year after their 16-year-old son Adam died by suicide, alleging ChatGPT validated suicidal thoughts and supplied information about methods of self-harm. O…