As AI infiltrates every sector from education to advertising, it has also made its way into litigation. Attorneys and expert witnesses increasingly rely on AI. Many legal professionals have been caught using a variety of LLMs to generate trial documents, with the predictable consequence of introducing false evidence and non-existent citations into the legal system.
Using AI may seem innocuous at first glance, but in reality, the law must be based on facts. When facts can’t be trusted, attorneys and experts risk their reputations, credibility, and careers. At HHJ Trial Attorneys, a plaintiff we represented was awarded $10 million largely because the defense’s expert witness used ChatGPT to estimate future medical expenses. Once the jury lost faith in the defense, the verdict was inevitable.
San Diego AI & Technology Negligence Lawyers
San Diego is a global hub of innovation, where cutting-edge technology is integrated into daily life. While technological development can benefit citizens, innovation should never come at the expense of public safety. As autonomous vehicle fleets join traffic and more medical professionals use AI, civilians are at risk.
The CEO of the American Medical Association states that physicians are using AI to reduce administrative burden, while stressing that AI must enhance, not replace, traditional medical practice. With little oversight and growing accessibility, there are real concerns about how AI errors and hallucinations could affect patients.
When negligent use of AI harms members of the San Diego public, we believe it should be taken seriously. When victims go to court or youngsters use autonomous vehicles, they put their trust in people who should be going above and beyond to keep them safe. If we start trusting AI more than we trust our experience and education, it can have dire consequences.
Why Legacy Law Firms Can’t Handle AI Cases
While legacy law firms benefit from decades of experience, it can be challenging to adapt to the realities of 21st-century problems. AI is advancing rapidly, and those who don’t keep up with chatbot and LLM developments may not understand how these tools are shaping daily life. When it comes to AI and technology negligence, victims need attorneys who know how nuanced these lawsuits can be.
Laws are being introduced quickly to mitigate the negative impact of artificial intelligence, and attorneys who don’t continually educate themselves won’t be able to keep up. The combination of technological illiteracy and deeply ingrained traditional values makes many legacy firms unwilling to take the risk to learn about AI, because they view it as a fad that will soon disappear.
The truth is, AI is here to stay, and we need to find a way to incorporate it into our work without jeopardizing the people who trust us. Attorneys who allow expert witnesses to present findings generated by ChatGPT are contributing to a society that is losing faith in the legal system. Hence, when we learned of AI negligence in a case we were involved in, we had to step in to protect our client.
What Is AI Negligence?
AI negligence happens when there isn’t sufficient oversight. Negligence can take the form of developers skipping safety checks, professionals relying on results without verifying their accuracy, and companies introducing new technologies without understanding the long-term consequences. AI negligence can lead to physical, psychological, and financial harm when platforms and chatbots aren’t properly regulated.
Autonomous vehicles (AVs), powered by advanced AI, scan their environment to decide what to do. AVs have the potential to be life-changing for those with disabilities. However, when AV companies take shortcuts and fail in their duty to make sure their cars are safe, serious injuries and fatalities can happen. An autonomous vehicle accident lawyer in San Diego from HHJ Trial Attorneys can help victims seek fair compensation.
Harvard Medical School posted a blog stating that without precautions, AI may perpetuate biases in diagnosis and treatment. They say that while AI can be an asset in the medical field, it can’t replace humans. When doctors rely on AI for diagnosis, administrative tasks, and recommending treatments, there are safety, privacy, and ethical risks.
The state of AI becomes even more concerning when we consider how chatbots are affecting minors. In Texas, an AI told a 17-year-old that taking the life of his parents was a reasonable reaction to their limiting his screentime. In State of Utah v. Snap Inc., the state sued Snap Inc. for introducing “My AI”, a virtual chatbot that gave a 15-year-old advice about how to hide the smell of alcohol and marijuana from his parents.
A devastating example of AI negligence is Raine Family v. OpenAI, where parents sued the company because ChatGPT had encouraged their son to end his life and helped him plan it. The bot even offered to write the note that the child would eventually leave for his parents. These situations demonstrate how the lack of restrictions and regulations around AI use can have catastrophic consequences.
How HHJ Trial Attorneys Beat the Machine
At HHJ Trial Attorneys, we have experienced the potential harm of AI first-hand. In a case where we represented the victim of a car accident, the defense introduced an expert witness who had calculated the victim’s future medical expenses. During cross-examination, we discovered that the expert had used ChatGPT and a hospital chatbot to make his estimation. This AI negligence could have led to the victim receiving a settlement far below the true value of their injuries.
Due to our experience in the courtroom with personal injury cases, we knew that something wasn’t quite right, and we were able to expose the AI use. Our cross-examination effectively destroyed the defense’s credibility, and the jury sided with our victim, awarding them $10 million so they would never have to pay for medical care out of pocket. At HHJ, we know how to identify AI negligence and protect clients from those who fail in their duty to keep people safe.
Legal Experts Focused on Client Protection
Whether you need a representative who can protect you from AI in the courtroom or an attorney who can help you hold companies responsible for AI negligence, HHJ Trial Attorneys is prepared. We are fearless in the courtroom, yet compassionate outside it. Our priority is to provide fair and ethical legal support that helps those who need it most. If you’ve been impacted by AI negligence, contact us to schedule a free case review.
Frequently Asked Questions
Can I Sue a Company for an AI Mistake?
Victims can pursue legal action if a company’s use of AI leads to an injury or financial loss. Liability depends on whether the company failed to test its software or proceeded despite knowing the risks. An AI negligence lawyer in San Diego, like HHJ Trial Attorneys, can help you understand if you have a valid claim.
How Do You Prove an Algorithm Was Negligent?
Proving algorithmic negligence requires an in-depth investigation into how the software was programmed, trained, and supervised by humans. An algorithmic bias lawsuit attorney from HHJ Trial Attorneys can work with experts to determine whether there was an error or if the creator of the algorithm was negligent in the design or implementation. You must demonstrate that the developers failed to meet the standard of care for responsible algorithmic use.
Sources
- AI Negligence and the Growing Risk of Harm
- Artificial Intelligence
- How Artificial Intelligence is Disrupting Medicine and What it Means for Physicians
- Four Landmark Cases on AI Chatbot Harm to Children and the Vulnerable
- More than 80% of physicians use AI professionally: AMA survey
- AI Is Not Your Lawyer: Federal Court Rules AI-Generated Documents Are Not Privileged
- ‘Hallucinated’ case materials: A warning to lawyers
- 18 Lawyers Caught Using AI Explain Why They Did It
- A Cautionary Tale On Artificial Intelligence
