United States of America: Law on Artificial Intelligence: Defences (AB 316) enters into force

On 1 January 2026, the Law on Artificial Intelligence: Defences (AB 316) enters into force in California. The Act amends the California Civil Code through the addition of Section 1714.46, which defines artificial intelligence as an engineered or machine-based system with varying levels of autonomy that can, for explicit or implicit objectives, infer from input how to generate outputs capable of influencing physical or virtual environments. Section 1714.46 provides that, in any civil action against a defendant who developed, modified, or used artificial intelligence alleged to have caused harm, it does not constitute a defence to claim that the harm was autonomously caused by the system. The Law also preserves the right of defendants to raise other affirmative defences, including those related to causation, foreseeability, or comparative fault of other persons or entities.