Senate Bill 488
By: Senators Setzler of the 37th, Harbin of the 16th, Harrell of the 40th, Strickland of the
42nd and Parent of the 44th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to
general provisions relative to torts, so as to provide that generative artificial intelligence
systems shall constitute personal property for purposes of certain actions for product liability
alleging injury to a minor; to provide for liability of product sellers in such actions; to
establish rebuttable presumptions relative to manufacturers and product sellers in such
actions; to provide for definitions; to provide for an effective date and applicability; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions relative to torts, is amended by adding a new Code section to read as follows:
<ins>"51-1-11.2.
(a) As used in this Code section, the term:
(1) 'Generative artificial intelligence system' means a computer based system that uses
machine learning and is intended to generate, with some degree of autonomy, synthetic
</ins>
<ins>content and information, including, but not limited to, text, images, videos, audio, codes,
prompts, commands, instructions, directions, and other forms of content and information.
(2) 'Minor' means an individual who is under 18 years of age and who is not
emancipated.
(3) 'Product seller' shall have the same meaning as provided for in Code
Section 51-1-11.1.
(b) For purposes of an action for product liability based in whole or in part on the doctrine
of strict liability in tort that alleges a minor used, consumed, or was reasonably affected by
a generative artificial intelligence system and he or she suffered an injury to his or her
person or property because such generative artificial intelligence system when sold by a
manufacturer or product seller was not merchantable and reasonably suited to the use
intended, and its condition when sold was the proximate cause of the injury sustained, such
generative artificial intelligence system shall constitute personal property, as such term is
used in Code Section 51-1-11.
(c) Notwithstanding any provision of Code Section 51-1-11 or 51-1-11.1 to the contrary,
a product seller of a generative artificial intelligence system that is the subject of an action
for product liability provided for in subsection (b) of this Code section may be liable in
damages to the minor so injured.
(d) In any action for product liability provided for in subsection (b) of this Code section,
there shall be a rebuttable presumption that the manufacturer and the product seller of such
generative artificial intelligence system had a duty to warn of the risk of such injury
sustained."
</ins> SECTION 2.
This Act shall become effective on January 1, 2027, and shall apply to all causes of action
accruing on and after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.