SB488: SB488 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. Title 51, Chapter 1) generally applies to defective physical goods, and it has been unclear whether AI systems, which are software rather than physical products, count as personal property under that law. This bill answers that question for a specific situation: when a minor is injured because a generative AI system was not merchantable or safe for its intended use. The bill adds a new Code section stating that in these cases, the AI system is treated as personal property, allowing strict liability claims to proceed against manufacturers and product sellers. It also creates a rebuttable presumption (an assumption that holds unless disproven) that manufacturers and sellers had a duty to warn of the risk of injury. The law would take effect January 1, 2027, and apply only to cases arising on or after that date.

• Classifies generative artificial intelligence systems as personal property for lawsuits alleging a minor was injured by a defective or unsafe AI system.
• Allows product sellers, not just manufacturers, to be held liable in damages when a minor is injured by such an AI system.
• Creates a rebuttable presumption that manufacturers and product sellers had a duty to warn of the risk of the injury in these lawsuits.
• Defines 'generative artificial intelligence system' broadly to include systems that generate text, images, video, audio, code, or other content.
• Limits the new rule to injuries suffered by minors under 18 who are not emancipated.
• Sets the effective date as January 1, 2027, applying only to claims arising on or after that date.

Minors who use or are affected by generative AI systems and their families, companies that manufacture or sell such AI systems, and Georgia courts handling product liability lawsuits. Businesses selling AI chatbots, content generators, or similar tools to consumers are directly implicated.

Currently it is unclear whether an AI system can be sued over like a defective physical product. This bill would give families of injured minors a clearer legal path to sue AI companies for damages, while giving AI makers and sellers a specific legal standard, including a presumed duty to warn, to plan around.

• Section 1 adds new Code Section 51-1-11.2 to Title 51, Chapter 1, defining 'generative artificial intelligence system' and 'minor' (under 18, not emancipated).
• Subsection (b) states that for strict liability claims alleging a minor was injured by an unmerchantable or unsafe AI system, the AI system counts as personal property under O.C.G.A. § 51-1-11.
• Subsection (c) allows product sellers, not only manufacturers, to be held liable in damages in these cases, overriding contrary provisions in O.C.G.A. §§ 51-1-11 and 51-1-11.1.
• Subsection (d) establishes a rebuttable presumption that the manufacturer and product seller had a duty to warn of the injury risk.
• Section 2 sets the effective date as January 1, 2027, applying to causes of action accruing on or after that date.
• Section 3 repeals conflicting laws.

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 regulation
• product liability law
• child safety
• tort law