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“AI-Based Technologies and Products Liability Law,” Law.com

publication | April 8, 2026

“AI-Based Technologies and Products Liability Law,” Law.com

Law.com published an article by Kyle McWaters and Alexandra Stubblefield that evaluates the changing legal landscape around AI-based technologies and discusses the future application on products liability law to these claims.

Through an influx in cases asserting wrongful death based on the use of AI, litigation is changing how AI technologies are being treated. Some jurisdictions are beginning to consider AI-based platforms as products, and therefore subject to traditional products liability claims, including negligence, failure to warn, wrongful death, or claims asserted under state product liability statutes. This is a trend that is expected to grow beyond the wrongful death context and can be seen in the recent litigation surrounding social media.

AI companies should be aware of this shift and assess their potential product-liability-based exposure by working with counsel to explore potential risks and defenses.

Subscribers can access the full story at Law.com.