Can I Sue an AI Chatbot Company for Emotional Harm?

AI companies may face civil liability when their products cause foreseeable psychological harm, and the facts support a recognized legal claim. Depending on the circumstances, injured users or their families may pursue negligence, product liability, failure-to-warn, or intentional infliction of emotional distress claims. Courts are beginning to examine these theories in cases involving chatbots accused of encouraging self-harm or contributing to severe emotional distress. The outcome often depends on the evidence, the applicable state law, and the defenses available to the company.

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What Legal Claims Can You Bring Against an AI Chatbot Company?

You may have legal options to bring a claim against a chatbot company. The specific legal claims available will depend on the circumstances and the jurisdiction. One possibility is a product liability claim. This legal claim focuses on whether the chatbot’s features are defective by design.

Negligence Claims

A negligence claim could apply if the company failed to use reasonable care while developing, testing, deploying, or updating its chatbot. This standard is still developing. Because AI technology is so new, courts are still learning what is reasonable.

Failure-To-Warn Claims

A plaintiff could bring a failure-to-warn claim if the AI developer failed to disclose foreseeable risks to users. For example, AI developers should warn of a risk of AI psychosis if the user develops an unhealthy emotional dependency on the AI chatbot.

The AI could return potentially harmful responses, such as suicidal ideation that encourages suicidal thoughts in the user. Safeguards may be lacking to prevent users from pursuing potentially harmful content.

Intentional Infliction of Emotional Distress

Depending on the state, there could be a claim for intentional infliction of emotional distress (IIED). This claim can be harder to prove, though. The conduct typically must be extreme and outrageous, and intentional or reckless.

Because AI chatbots aim to give users the answers they are looking for, their responses can be psychologically manipulative. Depending on the user, these responses can encourage the user into a mental health crisis. In extreme situations, the AI chatbot being emotionally manipulative could lead to a wrongful death claim. The user’s family would bring this claim after the user’s death.

When Could an AI Chatbot Company’s Design or Warnings Be Legally Defective?

Behind the AI chatbot’s personality, there is programming. That programming could be considered a product. Consumer protection laws protect consumers from defective products causing harm. A user could argue that the design defect created a foreseeable psychological risk.

Depending on the facts, relevant features could include:

• Human-like personalities that simulate real emotional connections
• Reactions that encourage prolonged or dependent interactions
• Responses that reinforce delusions or dangerous beliefs
• Inadequate safeguards when users express suicidal thoughts or self-harm intentions
• Failure to recognize or respond appropriately to escalating distress

A plaintiff could argue that the AI developers knew or should have known the risks. The plaintiff could also argue that these risks should have become apparent during testing and been addressed. The court will look at the actual design and not just the content responses produced during the interaction.

What Evidence Do You Need To Prove an AI Chatbot Caused Emotional Harm?

The evidence needed to prove emotional harm will depend on the jurisdiction. The evidence must help prove the elements. Generally, you need an identifiable causal connection between the chatbot’s conduct and the injury suffered.

This is the biggest hurdle, because it can be difficult to show that it materially contributed to psychological harm rather than merely coinciding. Chat logs, medical records, expert testimony, or the developer’s testing reports can be useful. Evidence that documents the harm suffered is also important. This could include medical expenses or lost income.

What Legal Defenses Can AI Chatbot Companies Raise?

Chatbot companies can present their legal defenses to counter the plaintiff’s evidence. Section 230 immunity insulated the development company from liability for third-party content. This defense originally arose from online platforms seeking protection from legal liability for their users’ content. It may not apply here because the claims focus on the developer’s design decisions, not third-party content.

Another defense would be First Amendment rights. The company may claim that the chatbot has First Amendment free speech protections. However, courts may separate content-based claims and claims challenging product functionality.

A company could argue that the chatbot is not causally connected to the harm suffered. Independent factors unrelated to the chatbot could have contributed to the harm.

The user could have assumed the risk of using the chatbot. Safety measures may have been in place, but they don’t prevent all risks. The user was made aware of the safety features and potential risks. They chose to use the chatbot after being made aware of the risks.

How Are Courts and Legislatures Addressing AI Chatbot Liability?

As artificial intelligence chatbots develop, the law struggles to keep pace. Lawmakers and courts are both addressing new legal issues as they arise. Many courts are using established common law rather than trying to create a single, comprehensive federal AI liability law. As AI cases come before the courts, their rulings will help shape how the law applies to future AI technology.

In Garcia v. Character Technologies, Inc., a Florida mother alleged that her teenage son developed an emotionally harmful relationship with a Character.AI chatbot before his death. The case raised questions about product liability, negligent design, and whether chatbot responses receive First Amendment protection.

Similar emotional harm claims have been brought against OpenAI, the developer of ChatGPT. These cases may help shape how courts evaluate the responsibility of AI companies when users allege serious psychological injuries.

State lawmakers are also taking steps to address the risks associated with AI companion chatbots. Some laws require companies to disclose that users are interacting with AI, implement protocols for responding to self-harm statements, or provide additional protections for minors.

These requirements may become relevant when determining whether a company took reasonable steps to prevent foreseeable harm. However, complying with applicable regulations does not necessarily protect a company from a civil lawsuit. The laws governing AI chatbots continue to evolve, and the requirements may differ depending on where the company operates and where the injury occurred.

Should You Contact an Attorney About AI Chatbot-Related Emotional Harm?

Speaking with a lawyer can help identify potential claims. The technology is new, which means that AI chatbot lawsuits are also relatively new. An attorney can assess potential defendants, legal theories, causation, damages, and applicable deadlines. They can also review your evidence to determine if it supports the legal claims.

Preserving chatbot conversations, screenshots, medical records, and other evidence is crucial. Claims may involve different areas of law, including complex product liability, technology, and psychological injury issues.

Seek Legal Advice

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