In one paragraph
Illinois's SB 3590 would create the Artificial Intelligence Product Liability Act. In product liability actions over high-impact or generative AI systems, a developer would be liable only if the plaintiff establishes the elements listed in Sec. 15: failure to use reasonable care in design, in instructions or warnings, and in an express warranty, causing harm. Deployers would be treated as developers if they materially change the product or intentionally misuse it. Filed February 5, 2026; re-referred to Assignments May 22, 2026; it has not passed either house.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
If enacted, developers and larger deployers of high-impact or generative AI would face these product liability rules; deployers could rely on documented testing, disclosures or a risk management policy to get a presumption that a product is not defective.
Key provisions
- Covers 'products', defined as high-impact AI systems (e.g. those used in consequential decisions, critical infrastructure, vehicles or medical devices, or synthetic relationships) and generative AI systems
- A developer would be liable only if the plaintiff establishes the listed elements: failure to exercise reasonable care in design, in providing adequate instructions or warnings, and in providing an express warranty the product failed to meet, causing harm (Sec. 15(a), which joins them with 'and')
- A deployer is deemed liable as a developer if it makes a material and substantial change to the product or intentionally misuses it contrary to the express warranty and that use proximately caused the harm (Sec. 20)
- 'Deployer' excludes individuals or businesses with fewer than 20 employees or fewer than 10,000 users of the product
- A court would presume a product is not defective only if the deployer has documented testing and auditing (e.g. under the NIST AI Risk Management Framework), mitigated and disclosed foreseeable risks, kept an AI data sheet available to the Attorney General and included it in its terms and conditions, and (for products likely used by those under 17) assessed impacts and added safeguards; a qualifying risk management policy is a separate path (Sec. 25(d)-(e))
- Comparative negligence applies and developers and deployers may be jointly and severally liable; products used strictly for peer-reviewed scientific research are exempt (Sec. 25)
Latest legislative action
May 22, 2026. Rule 3-9(a) / Re-referred to Assignments
Sponsors
| Name | Role |
|---|---|
| Mary Edly-Allen | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error