Law / United States / California

AB 316 (2025), no defense that artificial intelligence autonomously caused the harm

AB 316 (Ch. 672, Stats. 2025), Cal. Civ. Code Section 1714.46

In force since .

An AI liability rule binding private bodies.

As of .

What it requires

  • Do not defend a claim that artificial intelligence you developed, modified, or used caused harm to the plaintiff by arguing that the artificial intelligence autonomously caused the harm; the defense is unavailable (Civil Code Section 1714.46(b)).
  • You may still present any other affirmative defense, including evidence relevant to causation or foreseeability, and evidence relevant to the comparative fault of any other person or entity (Section 1714.46(c)).

These lines are LexLint's reading of the law's text, as of .

What this law does

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Research summary

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AB 316 was chaptered on as Chapter 672 of the Statutes of 2025 and adds Section 1714.46 to the Civil Code. Section 1714.46 defines artificial intelligence as an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.

In an action against a defendant who developed, modified, or used artificial intelligence that is alleged to have caused a harm to the plaintiff, it is not a defense, and the defendant may not assert, that the artificial intelligence autonomously caused the harm to the plaintiff.

The section does not limit or preclude a defendant from presenting any other affirmative defense, including evidence relevant to causation or foreseeability, or other evidence relevant to the comparative fault of any other person or entity. Statutes the Legislature passed on or before that were in the Governor's possession after that date take effect on under Article IV, section 8(c) of the California Constitution.

When LexLint raises it

When your app profile says your app generates content with AI, deploys a chatbot, makes high-risk automated decisions, trains models or distributes a software product.

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