Evidence
Courts in Canada, the US and China rejected "the AI did it" as a defense
| Date | Case | Country | What happened | Source |
|---|---|---|---|---|
| Feb 2024 | Moffatt v. Air Canada | Canada | Tribunal rejected the argument that the chatbot was responsible for itself | Source |
| Aug 2025 | Benavides v. Tesla | United States | $42.6 million compensatory plus $200 million punitive | Source |
| May 16, 2025 | Mobley v. Workday | United States | Nationwide age-bias collective certified against an AI screening vendor | Source |
| Feb 2024 | Ultraman case | China | First ruling holding a generative AI provider liable for output | Source |
| Jan 2026 | Hangzhou AI hallucination case | China | Court held AI is not a legal subject and generative AI is a service with fault-based liability | Source |
Developers
Nine of 13 developers signed the Seoul commitments; one of five Chinese developers did
| Developer | EU code of practice | Seoul commitments |
|---|---|---|
| OpenAI United States | Yes | Yes |
| Anthropic United States | Yes | Yes |
| Google DeepMind United States | Yes | Yes |
| Meta United States | No | Yes |
| xAI United States | Partial safety chapter only | Yes |
| Microsoft United States | Yes | Yes |
| Amazon United States | Yes | Yes |
| Mistral France | Yes | Yes |
| DeepSeek China | No | No |
| Alibaba (Qwen) China | No | No |
| Zhipu AI (Z.ai) China | No | Yes |
| Moonshot AI China | No | No |
| ByteDance (Seed) China | No | No |
Tag colors: green yes, amber partial, red no, gray not found.
Registry
Six registry incidents bear on accountability
Registry incidents where this discipline was tested in practice. Each links to its full record.
| Incident | Date | Developer | Regulator action |
|---|---|---|---|
| Uber Test Vehicle Kills Pedestrian in Tempe | Mar 2018 | Uber ATG | Arizona suspended Uber's testing on March 26, 2018. Yavapai County declined to charge Uber in March 2019. NTSB adopted its findings on November 19, 2019. The backup operator pleaded guilty to endangerment in July 2023 and received three years of supervised probation. |
| Air Canada Chatbot Invents a Refund Rule | Nov 2022 | Not disclosed | On February 14, 2024, the BC Civil Resolution Tribunal found negligent misrepresentation and ordered Air Canada to pay CA$812.02. |
| Cruise Robotaxi Drags a Pedestrian | Oct 2023 | Cruise (General Motors) | California DMV suspended Cruise's driverless permits on October 24, 2023. NHTSA fined Cruise $1.5 million on September 30, 2024, for incomplete crash reports. On November 14, 2024, Cruise admitted filing a false report and agreed to a $500,000 deferred prosecution agreement. |
| Packing Robot Kills a Worker in Goseong | Nov 2023 | Robot installer (not named) | Goseong police investigated, including questioning the on-site safety manager. No ministry action was found. |
| Tesla Recalls Autopilot After NHTSA Investigation | Dec 2023 | Tesla | NHTSA opened PE21-020 in August 2021, upgraded it to EA22-002 in June 2022 and closed it in April 2024 after reviewing 956 crashes, opening RQ24-009 on whether the fix worked. No penalty. |
| Xiaomi SU7 Crashes on Assisted Driving | Mar 2025 | Xiaomi | In April 2025 MIIT barred carmakers from calling driver assistance autonomous driving and required approval of driving-function updates. On September 19, 2025, Xiaomi recalled 116,887 SU7s through SAMR over a highway driver assistance flaw. |
Rules
The EU chose strict product liability; insurers are writing AI out of policies
| Rule | Jurisdiction | What it requires | Status |
|---|---|---|---|
| Product Liability Directive 2024/2853 | EU | Strict liability for software and AI; defect presumption | Transposition by Dec 9, 2026 |
| AI Liability Directive | EU | Fault-based AI claims | Withdrawn Feb 2025 |
| Interim Measures for Generative AI Services | China | Provider duty of care, complaints, labeling | Since Aug 2023 |
| ISO generative AI liability exclusions | US insurance | Exclude generative AI injury from general liability | Jan 2026 edition |
Status colors: green in force, blue voluntary standard or framework, amber adopted and phasing in, gray draft or pending, red withdrawn.
Record
Page Record
- Datasets
- ai_trust_evidence.csv (5 rows); registry incidents (6 linked); developer scorecard (13 developers, static table)
- Key sources
- Moffatt v. Air Canada
Benavides v. Tesla
Mobley v. Workday
Ultraman case
Hangzhou AI hallucination case - Last verified
- October 2026