AI Tort Liability: How Courts May Regulate Artificial Intelligence First *

Justice Speakers Institute · Jun 2, 2026

Artificial intelligence regulation is often discussed as though it will emerge primarily through legislation or federal agency action.[1] Congress debates AI bills. State legislatures consider safety mandates. International organizations publish ethical principles and governance frameworks. Yet another force is rapidly shaping the future of AI regulation, one that may ultimately prove more immediate and influential than formal legislation: tort litigation.[2]

A growing body of legal scholarship and emerging case law suggests that courts are beginning to apply traditional product liability…