AI and the Expanding Duty of Safety

Artificial intelligence is no longer an experimental tool. It now sits inside the products people rely on every day, from vehicles and power tools to medical devices and home systems. With that integration comes a new question for manufacturers and courts alike: when AI detects a potential hazard, is that hazard legally foreseeable?

In his Law360 article, “AI Product Safety Insights May Expand Foreseeability,” Don Fountain explores how AI technology is reshaping the landscape of product liability. He explains that AI does not reduce a company’s duty to protect consumers; it expands it. Once a system is capable of predicting safety risks, those insights become evidence that a manufacturer knew or should have known about the danger.

Ignored AI warnings will not just reflect missed opportunities for prevention—they will become proof of negligence. Courts and juries are already beginning to treat AI-generated data as notice of foreseeable risks, setting a new standard for what constitutes reasonable design and safety oversight.

To request full access to the article, email Celia Quitugua at cquitugua@clarkfountain.com.