Evidence
Courts split on whether AI output is a product or a service
| Date | Case | Country | What happened | Source |
|---|---|---|---|---|
| Apr 2024 | Beijing Internet Court AI voice case | China | Unauthorized AI voice clone violated personality rights; RMB 250,000 awarded | Source |
| May 19, 2025 | Walters v. OpenAI | United States | Summary judgment for OpenAI on a defamation claim, relying on disclaimers | Source |
| Aug 26, 2025 | Raine v. OpenAI | United States | Wrongful death suit pleads strict product liability against ChatGPT | Source |
| Jan 2026 | Garcia v. Character Technologies and four related suits | United States | Settled after the court rejected the free-speech defense in May 2025 | Source |
| Jan 2026 | Hangzhou AI hallucination case | China | AI's promise to pay did not bind the provider; generative AI is a service | Source |
Registry
Five registry incidents drew regulator or court action relevant to liability
| Incident | Date | Regulator or court action |
|---|---|---|
| Uber Test Vehicle Kills Pedestrian in Tempe | Mar 2018 | 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 | 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 | 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 | Goseong police investigated, including questioning the on-site safety manager. No ministry action was found. |
| Tesla Recalls Autopilot After NHTSA Investigation | Dec 2023 | 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. |
Rules
The EU chose strict liability; US courts and China apply fault
| Rule | Jurisdiction | What it requires | Status |
|---|---|---|---|
| Product Liability Directive 2024/2853 | EU | Strict liability for software and AI | Transpose by Dec 9, 2026 |
| AI Liability Directive | EU | Fault-based AI claims | Withdrawn Oct 6, 2025 |
| Colorado SB 26-189 | Colorado | Fault-based allocation between developer and deployer | Effective Jan 1, 2027 |
| Section 230 | US federal | No appellate ruling yet on generative AI output | Open question |
| 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_governance_evidence.csv (5 rows); ai_rules.csv (245 rows); registry incidents (5 linked)
- Key sources
- Beijing Internet Court AI voice case
Walters v. OpenAI
Raine v. OpenAI
Garcia v. Character Technologies and four related suits
Hangzhou AI hallucination case - Last verified
- October 2026