As artificial intelligence (AI) applications have proliferated on the internet, so has AI-related damage. AI’s are not legal persons in many jurisdictions, hence despite abundant evidence of direct damage by an AI, it may not necessarily be party to a damage recover action. Consequently, other parties, such as AI programmers, AI developers, and AI distributors, as well as causes of action based on intent, recklessness, indirect perpetration, and abetting must be considered. 

In addition to civil and criminal violations, AI programs may be liable indirectly for injury to another. Such injury may include a security breach or accidental disclosure of health information (PHI) protected by federal laws like HIPAA or personally identifiable information (PII) or non-public information (NPI) protected by the Federal Information Security Act, as well as state laws. Furthermore, AI programs may corrupt computer control systems resulting in lost data and/or malfunctioning machinery. Incidental and consequential damages may include jury awards, litigation costs, penalties, lost revenue, and loss of business and reputation.