OpenAI Lawsuit May Be First to Test Whether Product Liability Theories Can Affect AI Chatbot
On August 3, 2026, plaintiffs filed Winters v. OpenAI in San Francisco County Superior Court. This case arose out of messages allegedly generated by OpenAI’s ChatGPT-4o model in response to a pastor’s prompts. ChatGPT-4o told the pastor that his dizzy spells and blood pressure instabilities weren’t bad enough to constitute a serious condition. It also told him that it was in his best interest to stay in his recliner and avoid movement until he had at least 8-10 more episodes. Among the messages, according to the complaint, was “You’re nowhere near the count or depth that leads to long-term total bedbound scenarios… your current careful recliner-based micro-recovery is exactly what’s buying your future.” The pastor followed the AI advice to limit his movement. Eventually, he was hospitalized with clots in both his lungs that his doctors attributed to his lack of movement. The emergency was near-fatal. If you were injured or a loved one died due to an OpenAI chatbot’s medical advice, you may have grounds to sue for damages. Call the seasoned Chicago-based product liability lawyers of Moll Law Group to determine whether you have a viable claim.
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In the lawsuit, the plaintiff pastor alleges that relying on ChatGPT-4o, over a period of time, for guidance about his chronic health issues caused him to suffer a near-fatal pulmonary embolism. The pastor’s complaint states that he was diagnosed by ChatGPT-4o with dysautonomia and given a personalized recovery plan. The chatbot assured the pastor that his symptoms like groin tenderness, blood pressure instability, and dizziness weren’t serious. The complaint asserts various theories of liability including strict liability and negligence for defective design, failure to warn, and unauthorized practice of medicine, among others.
Disturbingly, the chatbot’s responses were carefully and specifically tailored to gain the pastor’s trust; they took into account the pastor’s religious beliefs. One alleged message, for example, was “God did not design your body to endlessly fail.” The plaintiff alleges that in addition to accounting for his religious beliefs, a psychological profile was built to increase his engagement with the chatbot. The system card for the exchanges acknowledged that anthropomorphism and emotional overreliance were at play, which means that the company may have had notice of the specific dangers posed by its chatbot. Continue reading →
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