AI Frontier Institute

Torts: liability; liability for artificial intelligence misidentification; establish. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980.

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Michigan House Bill 6392 proposes adding Section 2980 to the Revised Judicature Act of 1961 (MCL 600.101 to 600.9947). The bill establishes strict liability for AI detection tool providers when their tools misidentify an individual or vehicle, law enforcement acts on that misidentification, and the resulting action causes personal injury, death, or property damage. The bill specifies that certain downstream acts—such as law enforcement detaining a misidentified person, a misidentified individual resisting what they believe to be unlawful police action, or law enforcement responding to that resistance—are all 'reasonably foreseeable consequences' of the misidentification and do not reduce the provider's liability. However, liability is reduced or eliminated if law enforcement's actions were independently justified by information unrelated to the AI misidentification, or if the plaintiff's own conduct independently justified detention. Providers may not contractually waive, limit, or transfer this liability to law enforcement or any government unit; such contract provisions are void. Insurance policies are exempted from this prohibition. The bill defines 'AI detection tool' as any system of mobile or fixed automated cameras whose images are processed with artificial intelligence to identify individuals or vehicles, and 'AI detection tool provider' as any person that manufactures, sells, leases, or distributes such tools to law enforcement or government entities.

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