CA AB316: Artificial intelligence: defenses.

In one paragraph

California's AB 316 adds Civil Code § 1714.46. In a lawsuit against a defendant who developed, modified or used artificial intelligence alleged to have harmed the plaintiff, the defendant may not argue that the AI autonomously caused the harm. Defendants may still raise any other affirmative defense, including evidence on causation or foreseeability, and evidence of the comparative fault of other people or entities. Signed October 13, 2025 (Chapter 672); effective January 1, 2026.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Companies that develop, modify or use AI cannot escape liability in California lawsuits by arguing the AI acted autonomously; defenses on causation, foreseeability and others' comparative fault remain available.

Key provisions

1. 1New Civil Code § 1714.46; artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and can, for explicit or implicit objectives, infer from its input how to generate outputs that can influence physical or virtual environments
2. 2In an action against a defendant who developed, modified or used AI that is alleged to have caused harm to the plaintiff, it is not a defense, and the defendant may not assert, that the AI autonomously caused the harm
3. 3Defendants may still present any other affirmative defense, including evidence relevant to causation or foreseeability, and other evidence relevant to the comparative fault of any other person or entity
4. 4Signed October 13, 2025 (Chapter 672, Statutes of 2025); effective January 1, 2026

Latest legislative action

Oct 13, 2025. Chaptered by Secretary of State - Chapter 672, Statutes of 2025.

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