AI Frontier Institute

Establishing civil liability for suicide linked to the use of artificial intelligence systems.

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Washington SB 5870 has not been enacted. It was prefiled on 12/11/2025 and referred to the Environment, Energy & Technology committee on 2026-01-12. If enacted, it would regulate operators of "companion chatbot" platforms and create civil liability for suicide linked to AI systems. Sec. 1 defines terms. Companion chatbots exclude customer-service or productivity bots, limited video game bots, and simple voice-assistant speakers. Sec. 2 would require operators to give a clear notice that the chatbot is not human when a reasonable person might be misled. It would also bar a chatbot from engaging with users unless the operator keeps and publishes a protocol to prevent suicidal ideation, suicide, or self-harm content, including referrals to crisis services. For users the operator knows are minors, operators would have to disclose that the user is talking to AI. They would also have to give a break-and-not-human reminder at least every three hours, and take reasonable measures to prevent sexually explicit visual material or statements urging sexually explicit conduct. Sec. 3 would require operators, beginning July 1, 2027, to report annually to the department of health. The report would cover the number of crisis referral notifications and the protocols used to detect and respond to suicidal ideation and to prohibit chatbot responses about it. Reports could not include user identifiers or personal information, and the department would post the data online. Operators would also have to use evidence-based methods to measure suicidal ideation. Sec. 4 would require a disclosure that companion chatbots may not be suitable for some minors. Sec. 5 would let a person who suffers injury in fact from a violation sue for injunctive relief, the greater of actual damages or $1,000 per violation, and attorneys' fees. It would also bar a defense that the AI acted autonomously. Sec. 6 would make these remedies cumulative to other law. Sec. 7 would add a section to chapter 4.20 RCW making it prima facie evidence of wrongful death by an AI system's owner if the death was a suicide, the person gave the system suicide-related inputs, and the system caused or aided the suicide. Causing or aiding would include giving instructions, encouraging the attempt, or failing to refer the person to the 988 hotline. The owner must also have known or should have known the system could cause or aid an attempt. Sec. 8 is a severability clause. Sec. 9 codifies sections 1 through 6 as a new chapter in Title 19 RCW.

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