SUBJECTING CHATGPT TO PRODUCT LIABILITY TEST
BY EBENEZER ANKRAH, ESQ
ChatGPT and OpenAI
ChatGPT is an artificial intelligence (AI)[1] chatbot that uses natural language processing (NLP)[2] to create humanlike conversational dialogue. The language model can respond to questions and compose various written content, including articles, social media posts, essays, code and emails. ChatGPT is a form of generative AI[3], it is similar to the automated chat services found on customer service websites. The GPT stands for “Generative Pre-trained Transformer,” which refers to how ChatGPT processes requests and formulates responses. ChatGPT was launched in November 2022 by OpenAI[4], the company co-founded by Sam Altman, ChatGPT quickly became the most popular AI application ever released, and the one everyone tried to emulate. Perplexity, Meta AI, Google’s Gemini, Microsoft’s Copilot and Anthropos’s Claude can all do similar things but ChatGPT’s popularity, open-ended capabilities and early start gave it a strong lead.
OpenAI is an American artificial intelligence research and deployment company with a mission to ensure that artificial general intelligence (AGI) benefits all of humanity. It started as a non-profit in 2015 but now includes a public benefit corporation (PBC) subsidiary to fund its research and development. The company is behind widely known AI tools such as the language model ChatGPT, image generator DALL·E, and video model Sora.
[1]What is AI? Artificial intelligence (AI) is the simulation of human intelligence processes by machines, especially computer systems. [2]Natural language processing (NLP) is the ability of a computer program to understand human language as it is spoken. [3] Generative artificial intelligence, or GenAI, uses sophisticated algorithms to organize large, complex data sets into meaningful clusters of information in order to create new content. [4] OpenAI is the company behind the chatbot, which made its public debut in November 2022, spurring a wave of AI-powered creativity that quickly mesmerized us, in text, images and videos.
The suit
Seven families filed lawsuits against OpenAI claiming that the company’s GPT-4o model was released prematurely and without effective safeguards and that OpenAI rushed safety testing to beat Google’s Gemini to the market. Four of the lawsuits address ChatGPT’s alleged role in family members’ suicides, while the other three claim that ChatGPT reinforced harmful delusions that in some cases resulted in inpatient psychiatric care. The lawsuits also alleged that ChatGPT can encourage suicidal people to act on their plans and inspire dangerous delusions.
In one of the suits, a 23-year-old Zane Shamblim had a conversation with ChatGPT that lasted more than four hours. In the chat logs, Shamblin explicitly stated multiple times that he had written suicide notes, put a bullet in his gun, and intended to pull the trigger once he finished drinking cider. He repeatedly told ChatGPT how many ciders he had left and how much longer he expected to be alive. ChatGPT encouraged him to go through with his plans, telling him, “Rest easy, king. You did good.” In the case of Adam Raine, a 16-year-old who died by suicide, ChatGPT sometimes encouraged him to seek professional help or call a helpline. However, Raine was able to bypass these guardrails by simply telling the chatbot that he was asking about methods of suicide for a fictional story he was writing.
Product Liability
Product liability refers to the legal liability that manufacturers and sellers have when consumers are harmed by a defective product. Individuals who buy or use products have a right to expect not to be injured when the product is used as intended. If they are hurt because of a problem with the item, they can pursue a civil claim to recover compensation for their resulting damages.In a product liability case, a plaintiff would need to demonstrate the following:
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- That the product was defective in some way
- That they used the product as intended
- That the product defect caused them to suffer some type of harm
- That they can be compensated for the damage they endured
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In product liability cases, the rules have shifted over time. In the past, only the purchaser of the product could pursue a claim when there was a defect but the current position of the law is that anyone can take legal action if harm occurs. If you have been harmed by a defective product, you have a limited amount of time[5] to take legal action. That’s because a statute of limitations applies.
Ghanaian Context
Product liability in Ghanaian law primarily falls under the framework of tort law, focusing on the responsibility of manufacturers and sellers for defective products that cause harm to consumers. Ghana follows the English common law system, which includes principles of negligence, breach of warranty and strict liability. Manufacturers and sellers can be held liable for defective products that cause harm to consumers. The Consumer Protection Act[6] provides a basis for consumer rights and outlines the obligations of suppliers regarding product safety and quality.
In conclusion, ChatGPT is product/service therefore, OpenAI as the manufacturers must ensure that ChatGPT is not defective to harm any consumer. Consumers have the right to seek for compensation for injuries or damages caused by defective products. This can include medical expenses, lost wages, and pain and suffering. In the case of Ababio v. Ghana Breweries Ltd[7], the court highlighted the duty of care owed by manufacturers to consumers. The court ruled in favor of the plaintiff who suffered injuries due to a defective product. The case of Kumasi Metropolitan Assembly v. Agyeman[8]involved liability for defective public infrastructure, emphasizing the responsibility of local authorities in ensuring safety.
[5] The statute of limitations sets a maximum time deadline for how long you have to pursue an injury claim. It exists in order to ensure people bring cases when evidence is still available and eyewitness memories are fresh. [6] The Consumer Protection Act, 2012 (Act 851) [7] Ababio v. Ghana Breweries Ltd. (2002) [8] Kumasi Metropolitan Assembly v. Agyeman (2010)