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ARTICLE · 08 JUNE 2026

The Expanding Frontier: Product Liability Comes For AI And Digital Platforms

Arnold & Porter
Arnold & Porter
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Arnold & Porter

Arnold & Porter

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As generative AI and digital platforms face mounting legal challenges, companies must understand how plaintiffs are adapting traditional product liability theories to target modern technologies. This discussion examines emerging litigation strategies drawn from social media trials and AI lawsuits, exploring how these theories may extend beyond platform developers to enterprise users and service providers.

United StatesLitigation, Mediation & Arbitration

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Please join us for a discussion of the evolving product liability landscape affecting generative AI and digital platforms. Drawing on lessons from the social media bellwether trials and emerging lawsuits involving AI, online gaming, and prediction market platforms, our panel will examine how plaintiffs are adapting traditional product liability theories to modern digital products and where traditional defenses relating to causation, duty, and product liability remain strong.

The discussion is relevant not only to AI developers and digital platforms but also to companies integrating generative AI into consumer-facing products and services.

  • How plaintiffs are attempting to use product liability theories to challenge traditional defenses historically relied upon by digital platforms.
  • How emerging litigation theories may extend beyond platform developers to companies that deploy, integrate with, support, or commercially rely on AI systems, including enterprise users, service providers, and other ecosystem participants.
  • Key litigation themes, including alleged psychological harm causation challenges, internal document exposure, and parallels to prior mass-tort litigation.
  • Practical steps companies can take now to assess design risk, strengthen internal and external communications practices, and build litigation and reputational resilience before the litigation landscape hardens against them.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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