Durbin, Hawley Join to Introduce Products Liability Cause of Action Bill for AI Systems

Senator Richard Durbin (D-IL) and Senator Josh Hawley (R-MO) introduced the AI LEAD Act. The legislation classifies all Artificial Intelligence (AI) systems, including those incorporated into health care settings, as products, and permits the Department of Justice, state attorneys general, and individuals to bring claims against developers of large language models (LLMs) under traditional products liability doctrine. If passed, developers of AI systems may face increased claims over design defects and be forced to increase transparency regarding development and deployment of AI tools. The legislation follows from Congressional hearings on AI safety and may inspire similar state legislation as both federal and state policymakers seek to establish a new regulatory framework for artificial intelligence.