Yes. There is an emerging trend of companies being held responsible for uses of their AI that result in harm.
Utah’s first-in-the-United-States AI legislation explicitly states that claiming generative AI was the cause is not a defense to a violation of the state’s consumer protection laws. Europe is revising its liability rules to specifically address damage caused by AI systems; specifically, the AI Liability Directive aims to ensure that individuals harmed by an AI system can benefit from the same level of protection as individuals harmed by other technologies in the EU.
In addition, recent litigation suggests that companies may be held liable for customer service chatbots that miscommunicate company policy to a consumer who detrimentally relies on that information.
Notwithstanding, determining liability for a use of AI that results in harm is a complex and evolving area. Accordingly, companies should carefully monitor developments in this space.