As I said, no reasonable person expects a random human to function as their "therapist," with all the legal obligations and liabilities of a therapist. It's even less reasonable to expect that from a random machine.
Replies
These are three separate potential legal theories. A plaintiff would necessarily bring all those theories. They might bring more. They would only need to win one. In other words, yes, a machine could potentially be held to a different standard than what you believe you would be held to.
aug 26, 2025, 8:18 pm • 0 0 • view
Product liability does not require that a person used AI as a therapist. I can’t teach a tort class by skeet. I can just raise awareness. What is a reasonable expectation is up to a jury to decide. The filing also lays out facts that could be used to make a case for encouragement.
aug 26, 2025, 8:15 pm • 3 0 • view
Another question for this case is "what amount of jailbreak/prompt engineering is sufficient to decide that the user deliberately bypassed safeguards?"
aug 26, 2025, 8:25 pm • 0 0 • view
I’m sure if this goes to trial, this and other questions will be raised. On this one, I would also ask “does the product come with a manual?” And “would the user know that they are bypassing safeguards, and how would they know?” And “what safeguards are in the product for children, if any?”
aug 26, 2025, 8:41 pm • 0 0 • view
You just made all that up. I think you will find that it will not be up to a jury to decide whether or not ChatGPT caused that person's death.
aug 26, 2025, 8:20 pm • 0 0 • view
I have done what I can to provide reasons that would explain why the defendant could be liable in this instance. As I said, I can’t teach a whole torts class by skeet, so I’ll stop here. Have a nice day.
aug 26, 2025, 8:35 pm • 0 0 • view
Cool. You'll always have your arguments.
aug 26, 2025, 10:06 pm • 0 0 • view
What? A causation is one of the elements of a tort. A jury (or judge in a bench trial) would indeed have to find that causation was established for the plaintiffs to prevail. More here: courses.lumenlearning.com/suny-monroe-...
aug 26, 2025, 8:32 pm • 3 0 • view