California AB 316 (2025) — No 'Autonomous AI' Defense in Civil Liability Actions
California · Cal. Civ. Code 1714.46 (AB 316, 2025)
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.
Technical 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.
Who is protected: Plaintiffs in California civil actions who allege harm caused by an AI system.
Who must comply: Defendants who developed, modified, or used the AI at issue (developers, deployers, users).
Key facts
| Jurisdiction | California |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2026-01-01 |
| Enacted | 2025-10-11 |
| Citation | Cal. Civ. Code 1714.46 (AB 316, 2025) |
| Enforced by | California courts (the rule applies within private civil litigation). |
| Penalties | No standalone penalty; it is a liability rule removing a specific defense. |
| Topics | consumer protection |
| Last verified | 2026-06-16 |
| Official source | AB-316 Artificial intelligence: defenses ↗ |
More AI rules in California
- CCPA/CPRA + ADMT Regulations · In effect
- AB 2013 (Training Data Transparency) · In effect
- SB 942 (AI Transparency Act) · Enacted (not yet in effect)
- SB 53 (Frontier AI Safety) · In effect
- AB 2839 (Election Deepfakes) · Blocked / in litigation
- AB 602 (Deepfake Intimate Images) · In effect
Related consumer protection rules elsewhere
- FTC Act Section 5 (unfair/deceptive AI) · In effect
- TAKE IT DOWN Act · In effect
- FCRA (AI in credit & background checks) · In effect
- ECOA / Regulation B (AI credit discrimination) · In effect
- COPPA + 2025 Rule (childrens data) · In effect
- TCPA (AI voice calls) · In effect
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