In one paragraph
Maryland's HB 712 (2026, first reader text) would have added Courts and Judicial Proceedings sections 3-2701 to 3-2706 letting people sue developers and deployers of high-impact or generative AI systems for harm from a dangerous or defective product (design defect, failure to warn, express warranty), with comparative fault, joint and several liability, and Attorney General enforcement. It had a House Judiciary hearing set for February 25, 2026 and died when the 2026 session ended.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill died and did not become law. It would have exposed developers and deployers of high-impact and generative AI to product liability claims and Attorney General suits.
Key provisions
- Product: a high-impact AI system or a generative AI system; deployer excludes an individual or small business with fewer than 20 employees or fewer than 10,000 users; peer-reviewed scientific research use is exempt
- Design defect: plaintiff must show failure to use reasonable care, knowledge of the defect, accounting for foreseeable uses, and a feasible alternative design
- Failure to warn and express warranty claims; defense to failure to warn if the user was at least 17 and the danger was known, should have been known, or open and obvious
- A deployer could be held liable in place of the developer if it made a material and substantial change to the product or intentionally misused it contrary to an express warranty
- Rebuttable presumption of non-defect for developers who test and validate per industry practice, mitigate and disclose risks, and for deployers with a documented risk management policy
- Attorney General may sue for injunctive relief, civil penalties and compensation, with 30 days' written notice before seeking an injunction; contributory negligence is no bar and it is no defense that the AI caused the harm autonomously
- Would have taken effect October 1, 2026
Latest legislative action
Feb 5, 2026. Hearing 2/25 at 1:00 p.m.; died when the Maryland General Assembly's 2026 session ended April 13, 2026
Sponsors (showing 5 of 50)
| Name | Role |
|---|---|
| Anderton | Primary |
| Baker | Primary |
| Boyce | Primary |
| Bridges | Primary |
| Charles County Delegation | 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