California AB 316 (defendants can't blame the AI for acting on its own)

California AB 316 (2025) — No 'Autonomous AI' Defense in Civil Liability Actions
California · Cal. Civ. Code 1714.46 (AB 316, 2025)

Status
In effect
Took effect
January 1, 2026
Applies to
Defendants who developed, modified, or used the AI at issue (developers, deployers, users).
Enforced by
California courts (the rule applies within private civil litigation).

This law closes a potential loophole in lawsuits involving artificial intelligence. If someone develops, modifies, or uses an AI system that causes harm, they cannot escape liability by arguing that the AI acted autonomously or on its own.

Who is protected: Plaintiffs in California civil actions who allege harm caused by an AI system.

Legal detail

AB 316 adds Cal. Civ. Code 1714.46, providing that in a civil action against a defendant who developed, modified, or used AI that allegedly caused harm, the defendant may not assert as a defense that the AI autonomously caused the harm.

Key facts

JurisdictionCalifornia
LevelState
StrengthLimited
EnactedOctober 11, 2025
CitationCal. Civ. Code 1714.46 (AB 316, 2025)
PenaltiesNo standalone penalty; it is a liability rule removing a specific defense.
Topicsconsumer protection
Bill textAB-316 Artificial intelligence: defenses

More AI rules in California

Related consumer protection rules elsewhere

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