Are generative AI chatbots subject to traditional product liability law?
That is the question at the heart of In re ChatGPT Product Liability Cases, JCCP No. 5431, and The Schenk Law Firm is proud to announce that partner Benjamin S. Schenk has been appointed to the Plaintiffs’ Steering Committee by the Superior Court of California, County of San Francisco. The court issued an order on August 4, 2026, in which the Hon. Ethan P. Schulman, presiding over the coordinated proceeding in Department 304, set the leadership structure for the cases.
Key Takeaways
- Benjamin Schenk has been appointed to the six-member Plaintiffs’ Steering Committee in In re ChatGPT Product Liability Cases, JCCP No. 5431.
- The proceeding coordinates more than twenty California lawsuits against OpenAI and Microsoft, with more cases being added.
- The cases are among the first in the nation to test established product liability principles against generative AI.
Helping Lead a Landmark Mass Tort
As a member of the Plaintiffs’ Steering Committee, Benjamin will help lead and direct strategy for all cases within this mass tort. The court’s order sets out a leadership structure of four Co-Lead Counsel, one Plaintiffs’ Liaison Counsel and a six-member Steering Committee, drawn from firms across the country that represent plaintiffs in these cases.
The Co-Lead Counsel are Patrick Ntchobo of Edelson PC, Lesley E. Weaver of Stranch, Jennings & Garvey PLLC, Matthew P. Bergman of the Social Media Victims Law Center, and Rachel Lanier of The Lanier Law Firm P.C. C. Brooks Cutter of Cutter Law P.C. serves as Plaintiffs’ Liaison Counsel. Joining Benjamin on the Steering Committee are Matthew J. Platkin of Platkin LLP, Radu A. Letutiu of McKool Smith, Meetali Jain of the Tech Justice Law Project, and Champ Lyons III of Lyons Irby, LLC. A sixth member is to be designated later by Co-Lead Counsel, subject to the court’s approval.
What the ChatGPT Cases Allege
This coordinated proceeding is among the first in the nation to test long-established legal principles against modern AI. It consolidates more than twenty lawsuits filed across California on behalf of plaintiffs nationwide, with more cases being added.
The cases name OpenAI and Microsoft as defendants. They allege harm caused by a failure to provide adequate safeguards for users in mental health crises, and by a failure to prevent ChatGPT from providing unlicensed medical advice. OpenAI disputes the allegations. To learn more about how these claims work, see our page on ChatGPT health lawsuits.
Why This Litigation Matters
As AI becomes part of everyday life, the outcome of this litigation will shape the future for consumers, families and the technology industry. We are proud to see Benjamin help lead on behalf of all plaintiffs in this landmark mass tort.
If you or a family member was harmed after relying on ChatGPT or another AI chatbot, you can request a free case review or call us at (858) 424-4444.
About The Schenk Law Firm
The Schenk Law Firm, LLP is a San Diego personal injury and mass tort firm that has helped clients recover over $25 billion since 1979. Benjamin Schenk is a partner of the firm.
This article is general information, not legal advice. The allegations described are allegations only.
