AI Liability: New Rules for Developers and Deployers
This act establishes federal liability standards for harm caused by artificial intelligence systems, protecting citizens and businesses. It defines when AI developers and deployers are responsible for product defects, lack of warnings, or breach of warranty, ensuring avenues for compensation.
Key points
AI developers will be liable for harm resulting from defective design, inadequate instructions or warnings, and failure to conform to express warranties.
AI deployers can be held liable if they make substantial modifications to the product or intentionally misuse it contrary to its intended use, causing harm.
Contractual clauses that waive rights or unreasonably limit liability for AI-caused harm will be unenforceable, enhancing consumer protection.
Individuals, state attorneys general, and the Attorney General can bring civil actions against AI developers and deployers in federal courts for damages, injunctions, or civil penalties.
Foreign AI developers must designate a U.S. resident agent for service of process before making their products available in the United States, facilitating legal recourse.
Introduced
Additional Information
Print number: 119_S_2937
Sponsor: Sen. Durbin, Richard J. [D-IL]
Process start date: 2025-09-29