Assembly Member Krell's artificial intelligence liability measure addresses a growing question in civil litigation by preventing defendants from claiming AI systems autonomously caused harm to plaintiffs. The legislation adds a new section to California's Civil Code that would apply to cases involving both developers and users of AI technology.

The bill establishes a specific definition of artificial intelligence as an engineered or machine-based system with varying levels of autonomy that processes inputs to generate outputs affecting physical or virtual environments. This definition encompasses a broad range of AI applications while focusing on their capacity to influence real-world outcomes. Under the proposed rules, parties facing civil actions cannot deflect responsibility by arguing that an AI system acted independently to cause damages.

This measure builds upon existing California law, which already requires developers of generative AI systems to publish documentation about their training data. The current civil code also maintains general principles of liability for willful acts and failures to exercise ordinary care. By explicitly addressing AI autonomy defenses, the legislation aims to clarify how these established liability frameworks apply to cases involving artificial intelligence technologies.