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ARTICLE · 16 JANUARY 2026

2026 State AI Bills That Could Expand Liability, Insurance Risk

Wiley Rein
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In a December article, we examined trends in enacted legislation regarding artificial intelligence, focusing on 2025 laws that created new private rights of action for alleged AI-related damages.

United StatesTechnology
Kenneth E. Ryan
Kenneth E. Ryan
Gabby Vance
Gabby Vance
Thomas Benjamin Boley
Thomas Benjamin Boley
Lauren Maldonado
Lauren Maldonado

This article was originally published byLaw360and is availablehereand as a PDFhere.

In a December article, we examined trends in enacted legislation regarding artificial intelligence, focusing on 2025 laws that created new private rights of action for alleged AI-related damages. In this article, we highlight trends for 2026 based on legislation that has been introduced but not yet enacted. These proposed laws provide insight into evolving and potentially new avenues for liability. Underwriters and claims professionals should stay informed of these developing trends and competing priorities.

Although numerous states have introduced legislation specifically addressing AI, the Trump administration issued an executive order in December that seeks to "sustain and enhance the United States' global AI dominance through a minimally burdensome national policy framework for AI."1 The executive order directs the secretary of commerce to evaluate state AI laws and identify

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