Software Gains New Status as a Product Under Strict Liability Law

A recent lawsuit involving an AI chatbot represents another indication of a possible shift in how courts will approach software under traditional strict products liability principles. Traditionally, courts have been hesitant to treat software and other nontangible consumer goods as a “product” for purposes of strict liability claims. However, a recent decision from the U.S. District Court for the Middle District of Florida demonstrates courts’ progressing willingness to consider AI software and…
By: Morrison & Foerster LLP