SB 488: Torts; generative artificial intelligence systems shall constitute personal property for purposes of certain actions for product liability alleging injury to a minor; provide

Georgia's product liability law (O.C.G.A. § 51-1-11) generally lets people sue over defective personal property, like a faulty appliance, that causes injury. It is not clear under current law whether an AI system, which is software rather than a physical object, counts as personal property for these lawsuits. This bill answers that question for one specific situation: when a minor is injured after using, consuming, or being affected by a generative AI system that was not fit for its intended use when sold. The bill adds a new Code section declaring that in these cases, the generative AI system counts as personal property, opening the door to strict liability claims. It also lets product sellers, not just manufacturers, be held liable, and it creates a rebuttable presumption that both manufacturers and sellers had a duty to warn about the risk of injury. The bill defines 'generative artificial intelligence system' broadly to include systems that produce text, images, video, audio, or code. It would take effect January 1, 2027, and apply only to injuries occurring on or after that date.

• Declares that generative AI systems count as personal property for a specific type of product liability lawsuit involving injury to a minor, under O.C.G.A. § 51-1-11.
• Allows product sellers, in addition to manufacturers, to be held liable in damages when a minor is injured by a defective generative AI system.
• Creates a rebuttable presumption (one that can be challenged with evidence) that manufacturers and sellers had a duty to warn minors of injury risks from these AI systems.
• Defines 'generative artificial intelligence system' broadly to cover software that autonomously creates text, images, video, audio, code, or similar content.
• Limits the new rules to minors under 18 who are not emancipated and to injuries occurring on or after January 1, 2027.

Companies that build or sell generative AI systems, families of minors injured by such systems, and Georgia courts handling product liability lawsuits. It also affects lawyers litigating these claims, since the bill changes what counts as property and who can be sued.

Because AI software does not clearly fit existing legal definitions of personal property, injured minors and their families may currently struggle to bring product liability claims against AI companies. This bill would give them a clearer legal path, while also expanding potential liability exposure for AI developers and the businesses that sell their products.

• Section 1 adds new Code Section 51-1-11.2, defining 'generative artificial intelligence system' and 'minor' (under 18, not emancipated) for purposes of this law.
• Subsection (b) states that a generative AI system counts as personal property in a strict liability product claim brought by an injured minor, if the system was not merchantable or suited to its intended use when sold.
• Subsection (c) allows product sellers, not just manufacturers, to be held liable in damages to the injured minor, overriding contrary language in existing Code Sections 51-1-11 and 51-1-11.1.
• Subsection (d) creates a rebuttable presumption that manufacturers and product sellers had a duty to warn of the injury risk in these cases.
• Section 2 sets the effective date as January 1, 2027, applying only to causes of action accruing on or after that date.

1. 2026-03-06Senate Tabled (Senate)
2. 2026-03-04Senate Read Second Time (Senate)
3. 2026-03-03Senate Committee Favorably Reported (Senate)
4. 2026-02-11Senate Read and Referred (Senate)
5. 2026-02-10Senate Hopper (Senate)

• Ed Setzler (R, SD-037)Primary sponsor
• Marty Harbin (R, SD-016)
• Sally Harrell (D, SD-040)
• Brian Strickland (R, SD-042)
• Elena Parent (D, SD-044)

• artificial intelligence
• product liability
• child safety
• tort law
• AI regulation