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California court consolidates 12 OpenAI lawsuits over ChatGPT product-liability claims

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12

Why it matters

A California Superior Court in San Francisco has consolidated 12 pending cases against OpenAI into a single products-liability proceeding, In re: ChatGPT Product Liability Cases, JCCP No. 5431, effective February 2026. The consolidated suits allege that ChatGPT is an unreasonably dangerous product that caused psychological harm, including reinforcing delusions, endorsing suicidal ideation, and providing harmful self-harm information.

The litigation hinges on a threshold legal question: whether ChatGPT qualifies as a "product" or a "software-based service." Plaintiffs are pursuing traditional products-liability theories—design defect and failure to warn—while OpenAI has argued in its filings that ChatGPT is a service rather than a product. A parallel California case, Garcia v. Character Technologies, involving a competing chatbot, is being watched closely because that court treated the chatbot as a product for liability purposes based on its design features. The outcome of the OpenAI consolidation could turn on how the court resolves this threshold classification.

The consolidation reflects a broader shift in AI-harm litigation from isolated complaints to coordinated proceedings as similar injury allegations accumulate. The timing is significant because Congress is actively considering AI-liability frameworks, including the bipartisan AI LEAD Act introduced by Senators Dick Durbin and Josh Hawley, which would classify AI systems as products and create a federal cause of action for certain AI-related harms. The EU has similarly moved to treat software and AI as products under its revised product-liability directive. If plaintiffs prevail on the product classification, discovery could compel disclosure of internal safety evaluations, red-teaming records, and design decisions—making this case potentially influential well beyond OpenAI and establishing precedent for how U.S. courts apply products-liability law to AI systems.

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