INTRODUCTION
Recent cases in Florida, as well as a criminal investigation into OpenAI by Florida’s Attorney General (and the Florida Attorney General’s first-in-the-nation state-led lawsuit against OpenAI and its CEO, Sam Altman), have raised or highlighted a number of general issues regarding potential civil and criminal liability based on allegedly injurious effects caused by the design, operation, output, effects, and promotion of chatbots and related technologies. The disputes and the criminal investigation generally stem from instances in which a chatbot allegedly provided information and guidance on means to cause personal injury, such as suicide, a mass shooting at a university, and a double murder. Other concerns, such as addiction, mental impairment, false representations, and failure to warn also figure in a number of disputes. Among the core issues that feature prominently are whether the alleged chatbot-based liability inappropriately affects freedom of expression or might improperly impose product liability for allegedly defective chatbot technologies (as opposed to neutral or insentient information services or mere expression of ideas and information). Whether and to what extent chatbot providers have a duty to identify likely misuse and improperly motivated users are also core issues. One especially active forum, Florida, appears to take a particularly aggressive stance in seeking to identify injurious effects of chatbot technologies and (potentially) impose liability on chatbot providers for those injurious effects. Whether this approach provides trend leadership or outlier status remains to be seen - but it can have potentially wide-ranging effects on key areas of artificial intelligence (AI) development and implementation. The issues raised are of immediate and substantial concern to developers, providers, and users of generative-driven AI chatbots and other interactive communication platforms.
AUTHOR

Gary Rinkerman is a Founding Partner at the law firm of Pierson Ferdinand, LLP, an Honorary Professor of Intellectual Property Law at Queen Mary University School of Law in London, a member of George Mason University’s Center For Assurance Research and Engineering, and a Senior Fellow at George Mason University’s Center for Excellence in Government Cybersecurity Risk Management and Resilience. The views and information provided in this article are solely the work of the author and do not comprise legal or other forms of advice. They are not for attribution to any entity represented by the author or with which he is affiliated or is a member or partner. All Internet citations and links in this article were visited and validated on June 6, 2026.






Northern Neck & Middle Peninsula – Mason & NSF Local Government Cybersecurity Partnering Workshop at the Historic Beale Sanctuary in Tappahannock, Virginia