Mark Fancourt-Smith and Scott Lucyk, FCIArb., Quoted in Lexpert Article on AI Litigation
Lawson Lundell is pleased to share that litigation partners Mark Fancourt-Smith and Scott Lucyk, FCIArb., have been featured in a recent Lexpert article exploring the rapidly evolving legal landscape surrounding artificial intelligence.
The article, titled “Terms of service and negligence claims, third-party liability: litigators talk AI litigation,” examines how the widespread adoption of generative AI tools is introducing disputes to Canadian courts, ranging from copyright infringement to website terms of service violations.
In the feature, Mark discusses the growing availability of generative AI tools powered by large language models. He notes that the ability to generate legal pleadings and arguments with the push of a button is empowering to self-represented litigants who may not otherwise have access to a lawyer. However, that ability comes with a huge potential cost to the Court and legal system as a whole, as it can also facilitate the filing of large numbers of lawsuits and huge volumes of AI-generated materials of questionable legal validity or merit.
The article also highlights a recent California lawsuit against OpenAI involving a tragic incident in British Columbia, which is grounded in California’s strict product liability framework, alleging that the AI tool was defectively designed and unsafe. Scott also notes an ongoing case in Illinois against OpenAI in which an insurance company that has been the subject of dozens of AI-generated suits by an insured is suing OpenAI, alleging tortious interference with a contract, the unlicensed practice of law, and abuse of process. Scott notes that these cases could serve as useful blueprints for Canadian claims, as litigators observe how the concept of AI as a defective product might influence future Canadian negligence and liability claims.
As businesses and individuals navigate these emerging technologies, understanding how they intersect with traditional legal frameworks remains critical.
Read the full article here.