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:

     SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby

amended by adding thereto the following section:

     9-1-55. Artificial intelligence -- Liability for injuries.

     (a) When used in this section, the following words and phrases shall have the following

meanings:

     (1) "Artificial intelligence system" means an engineered or machine-based system that

varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input

it receives how to generate outputs that can influence physical or virtual environments.

     (2) "Developer" means a person that performs the initial training of an artificial intelligence

system either by training a model, or by fine-tuning an existing model.

     (3) "Fine-tuning" means adjusting the model weights of a trained covered model or covered

model derivative by exposing it to additional data.

     (b) Artificial intelligence; liability for injuries. Except with respect to any causes of action

for defamation, developers shall be liable, regardless of the degree of care they exercised, for all

injuries that satisfy the following conditions:

     (1) Those injuries are factually and proximately caused by an artificial intelligence system

that engages in conduct that, if undertaken by an adult human of sound mind, would satisfy the

elements of negligence or any intentional tort or crime; and

     (2) That conduct was neither intended nor a consequence of negligence on the part of:

     (i) The user of the model; or

     (ii) Any intermediary that fine-tuned, scaffolded, or otherwise modified the artificial

intelligence system.

     (c)(1) For the purposes of this section, for any torts for which the mental state of the alleged

tortfeasor is relevant to the elements of the tort, there shall be a rebuttable presumption that the

artificial intelligence system satisfies the relevant mental state if the finder of fact determines by a

preponderance of the evidence that, if a natural person under similar circumstances to the artificial

intelligence system took actions similar to those taken by the artificial intelligence system, that

natural person would have acted with the relevant mental state.

     (2)(i) Unless the court determines that the presumption established in subsection (c)(1) of

this section is not applicable, if the party against whom the presumption is invoked presents

evidence tending to rebut the presumption established in subsection (c)(1) of this section, the judge

in a jury trial shall instruct the jury to find that the presumed facts exist unless the jury is persuaded

that the presumed facts do not exist.

     (ii) Unless the court determines that the presumption established in subsection (c)(1) of this

section is not applicable, if the party against whom the presumption is invoked presents evidence

tending to rebut the presumption established in subsection (c)(1) of this section, the judge in a bench

trial shall find that the presumed facts exist unless the judge is persuaded that the presumed facts

do not exist.

     (3) For the purposes of this section, it shall not be a defense that artificial intelligence

systems are incapable of having mental states.

     (d)(1) It shall be an absolute defense to liability, including liability under the common law

or existing statutes, if the developer establishes that the covered model or covered model derivative

satisfied the standard of care applicable to humans who perform the same function that the covered

model or covered model derivative was engaged in performing when its conduct allegedly caused

the plaintiff's injury.

     (2) It shall be an absolute defense to liability, including liability under the common law or

existing statutes, if the developer establishes that the injuries were a result of a capabilities failure,

in which a covered model or covered model derivative falls short of performing the intended or

reasonably anticipated performance of the user, but the conduct of the system would not satisfy the

elements of negligence or any intentional tort or crime if engaged in by an adult human of sound

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

intelligence.

     This act would take effect upon passage.

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LC005548

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