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

26 LC 49 2614 Senate Bill 488 By: Senators Setzler of the 37th, Harbin of the 16th, Harrell o f 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 to1 general provisions relative to torts, so as to provide that gen erative artificial intelligence2 systems shall constitute personal property for purposes of certain actions for product liability3 alleging injury to a minor; to provide for liability of product sellers in such actions; to4 establish rebuttable presumptions relative to manufacturers and product sellers in such5 actions; to provide for definition s; to provide for an effectiv e date and applicability; to6 provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Chapter 1 of Title 51 of the Official Code of Georgia Annotated , relating to general10 provisions relative to torts, is amended by adding a new Code section to read as follows:11 "51-1-11.2.12 (a) As used in this Code section, the term:13 (1) 'Generative artificial intelligence system' means a computer based system that uses14 machine learning and is intended to generate, with some degree of autonomy, synthetic15 S. B. 488 - 1 - 26 LC 49 2614 content and information, including, but not limited to, text, images, videos, audio, codes,16 prompts, commands, instructions, directions, and other forms of content and information.17 (2) 'Minor' means an individual who is under 18 years of age a nd who is not18 emancipated.19 (3) 'Product seller' shall have the same meaning as provided f or in Code20 Section 51-1-11.1.21 (b) For purposes of an action for product liability based in whole or in part on the doctrine22 of strict liability in tort that alleges a minor used, consumed, or was reasonably affected by23 a generative artificial intelligence system and he or she suffe red an injury to his or her24 person or property because such generative artificial intellige nce system when sold by a25 manufacturer or product seller was not merchantable and reasona bly suited to the use26 intended, and its condition when sold was the proximate cause of the injury sustained, such27 generative artificial intelligence system shall constitute personal property, as such term is28 used in Code Section 51-1-11.29 (c) Notwithstanding any provision of Code Section 51-1-11 or 51-1-11.1 to the contrary,30 a product seller of a generative artificial intelligence system that is the subject of an action31 for product liability provided for in subsection (b) of this Co de section may be liable in32 damages to the minor so injured.33 (d) In any action for product liability provided for in subsection (b) of this Code section,34 there shall be a rebuttable presumption that the manufacturer and the product seller of such35 generative artificial intelligence system had a duty to warn of the risk of such injury36 sustained."37 SECTION 2.38 This Act shall become effective on January 1, 2027, and shall apply to all causes of action39 accruing on and after such date.40 S. B. 488 - 2 - 26 LC 49 2614 SECTION 3.41 All laws and parts of laws in conflict with this Act are repealed.42 S. B. 488 - 3 -