When AI Causes Harm, Who Gets Sued?

All Practice Areas

Michael J. Epstein, managing partner of The Epstein Law Firm, P.A., addressed the growing legal questions surrounding artificial intelligence in an opinion article published by the New Jersey Law Journal, titled “When AI Causes Harm, Who Gets Sued?” The article examines how New Jersey lawmakers are considering new approaches to holding companies accountable when AI systems cause injuries or financial losses.

Epstein discusses proposed legislation, including the GAI Accountability Act, which would establish penalties for certain harmful conduct involving generative AI. He also examines a separate proposal intended to prevent companies from relying solely on AI’s autonomous decision-making to avoid legal responsibility.

The article emphasizes the distinction between regulatory penalties and compensation for individuals harmed by AI-related failures. Epstein explains that while financial penalties may encourage stronger safeguards, they do not necessarily provide remedies for people who experience losses.

He also acknowledges the importance of balancing innovation with accountability, particularly when determining appropriate responsibilities for AI developers and businesses using their technology. His analysis highlights how established legal principles involving negligence, product liability, and reasonable safeguards may apply as AI systems become increasingly independent.

Read the full coverage here.

The Epstein Law Firm, P.A., continues its work representing injured individuals and addressing questions of legal responsibility and accountability.

Related reading: The Epstein Law Firm, P.A. Announces New Article by Managing Partner Michael J. Epstein: The Legal Gray Zones of a Three-Nation World Cup: Who Is Liable When Something Goes Wrong?

Related reading: When New Jersey Stood Up for Volunteer Firefighters