Benjamin Schenk Joins Leadership in Landmark ChatGPT Product Liability Litigation

San Diego attorney Benjamin Schenk has been appointed to a leadership committee in landmark litigation concerning product liability for OpenAI's ChatGPT chatbot. The San Francisco Superior Court named Schenk to the Plaintiffs' Steering Committee in the coordinated proceeding known as "In re ChatGPT Product Liability Cases."

The proceeding is among the first in the nation to examine whether generative AI chatbots are subject to traditional product liability law. The consolidated cases accuse OpenAI, and in some instances Microsoft, of ChatGPT causing harm to users by failing to provide adequate safeguards for individuals in mental health crises. Claims include design defect, failure to warn, negligence, wrongful death, and the unlicensed practice of medicine.

The steering committee is tasked with leading the coordinated plaintiffs' cases and guiding common issues such as pleadings, discovery, and pretrial strategy. Schenk Law Firm has stated that Benjamin Schenk's role is integral to seeking justice for all victims of AI chatbot harm.

This litigation represents a significant legal development in applying established product liability principles to artificial intelligence. According to Schenk, a key question is whether companies developing conversational AI owe users the same duty of safety as other manufacturers. How these products are designed, tested, and warned about will be partly determined by these cases.