United States of America: Aligning Incentives for Leadership, Excellence, and Advancement in Development Act (AI LEAD Act/S.2937) including quality of service requirement was introduced in Senate

On 29 September 2025, the Aligning Incentives for Leadership, Excellence, and Advancement in Development Act (AI LEAD Act/S.2937) was introduced in the Senate, establishing that developers are liable for negligent design, including inadequate data selection, training, testing, auditing, or fine-tuning, and for failing to provide adequate instructions or warnings. Strict liability applies where a system is in a defective condition unreasonably dangerous for reasonably foreseeable use or misuse. Liability rules incorporate evidentiary inferences of defect, considerations of alternative design, and statutory or regulatory compliance, and provide that risks are not deemed open and obvious to users under 18 years of age.