AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY--CAUSES OF ACTION (Provides a civil cause of action for individuals injured by artificial intelligence.)

H8052

2026 -- H 8052
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LC005548
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY--
CAUSES OF ACTION

Introduced By:
Representatives Carson, Caldwell, Knight, and Cotter

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby
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amended by adding thereto the following section:
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9-1-55. Artificial intelligence -- Liability for injuries.

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(a) When used in this section, the following words and phrases shall have the following
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meanings:
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(1) "Artificial intelligence system" means an engineered or machine-based system that
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varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input
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it receives how to generate outputs that can influence physical or virtual environments.
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(2) "Developer" means a person that performs the initial training of an artificial intelligence
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system either by training a model, or by fine-tuning an existing model.
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(3) "Fine-tuning" means adjusting the model weights of a trained covered model or covered
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model derivative by exposing it to additional data.
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(b) Artificial intelligence; liability for injuries. Except with respect to any causes of action
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for defamation, developers shall be liable, regardless of the degree of care they exercised, for all
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injuries that satisfy the following conditions:
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(1) Those injuries are factually and proximately caused by an artificial intelligence system
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that engages in conduct that, if undertaken by an adult human of sound mind, would satisfy the
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elements of negligence or any intentional tort or crime; and

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(2) That conduct was neither intended nor a consequence of negligence on the part of:
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(i) The user of the model; or
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(ii) Any intermediary that fine-tuned, scaffolded, or otherwise modified the artificial
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intelligence system.
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(c)(1) For the purposes of this section, for any torts for which the mental state of the alleged
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tortfeasor is relevant to the elements of the tort, there shall be a rebuttable presumption that the
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artificial intelligence system satisfies the relevant mental state if the finder of fact determines by a
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preponderance of the evidence that, if a natural person under similar circumstances to the artificial
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intelligence system took actions similar to those taken by the artificial intelligence system, that
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natural person would have acted with the relevant mental state.
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(2)(i) Unless the court determines that the presumption established in subsection (c)(1) of
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this section is not applicable, if the party against whom the presumption is invoked presents
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evidence tending to rebut the presumption established in subsection (c)(1) of this section, the judge
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in a jury trial shall instruct the jury to find that the presumed facts exist unless the jury is persuaded
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that the presumed facts do not exist.
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(ii) Unless the court determines that the presumption established in subsection (c)(1) of this
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section is not applicable, if the party against whom the presumption is invoked presents evidence
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tending to rebut the presumption established in subsection (c)(1) of this section, the judge in a bench
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trial shall find that the presumed facts exist unless the judge is persuaded that the presumed facts
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do not exist.
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(3) For the purposes of this section, it shall not be a defense that artificial intelligence
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systems are incapable of having mental states.
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(d)(1) It shall be an absolute defense to liability, including liability under the common law
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or existing statutes, if the developer establishes that the covered model or covered model derivative
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satisfied the standard of care applicable to humans who perform the same function that the covered
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model or covered model derivative was engaged in performing when its conduct allegedly caused
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the plaintiff's injury.
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(2) It shall be an absolute defense to liability, including liability under the common law or
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existing statutes, if the developer establishes that the injuries were a result of a capabilities failure,
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in which a covered model or covered model derivative falls short of performing the intended or
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reasonably anticipated performance of the user, but the conduct of the system would not satisfy the
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elements of negligence or any intentional tort or crime if engaged in by an adult human of sound
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mind.

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SECTION 2. This act shall take effect upon passage.
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LC005548
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY--
CAUSES OF ACTION
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This act would provide a civil cause of action for individuals injured by artificial
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intelligence.
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This act would take effect upon passage.
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LC005548
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