The bill amends Chapter 9-1 of the General Laws by introducing a new section, 9-1-55, which establishes liability for injuries caused by artificial intelligence (AI). It defines key terms related to AI, including "artificial intelligence," "covered model," "covered model derivative," and "developer."
The bill stipulates that developers of covered models or derivatives will be strictly liable for injuries to non-users, provided that the injuries are factually and proximately caused by the AI's conduct that would satisfy the elements of negligence or any intentional tort or crime if performed by a human. This liability is subject to certain conditions, including that the conduct was neither intended nor could have been reasonably anticipated by the user of the model or any intermediary involved in modifying the model.
Additionally, the bill outlines a rebuttable presumption regarding the mental state of the AI in tort cases, allowing for the assumption that the AI satisfies the relevant mental state if a natural person under similar circumstances would have acted with that mental state. It also provides that unless the court determines the presumption is not applicable, the finder of fact shall find that the presumed facts exist unless persuaded otherwise.
The bill includes affirmative defenses for developers, allowing them to argue that they met the standard of care applicable to humans performing the same function as the AI or that the injuries resulted from a capabilities failure of the AI, where the conduct would not satisfy the elements of negligence or any intentional tort or crime if engaged in by a human.
The act is set to take effect upon passage, creating a civil cause of action for individuals injured by AI.