How Generative AI Cos. Can Navigate Product Liability Claims

This analysis explores the rise of product-liability litigation targeting generative AI and chatbot platforms. Rather than focusing solely on content, plaintiffs are treating chatbots as consumer products and asserting claims related to defective AI system design, failure to warn, and alleged deficiencies in safety practices. The article traces how these legal theories have evolved from social media cases to early AI litigation; examines the unsettled roles of Section 230 and the First Amendment; and highlights where traditional tort principles — such as injury, causation, and feasible alternative design — still limit these claims. We offer defense-side insights on how AI companies can evaluate risks, prepare for discovery and expert battles, and position themselves strategically as courts and regulators increasingly scrutinize AI systems through a product-liability lens.