On Feb. 10, 2026, an 18-year-old woman, Jesse Van Rootselaar, killed eight people and herself in a mass shooting in Tumbler Ridge, British Columbia. OpenAI had previously flagged her ChatGPT conversations as having a disturbing fascination with extreme violence, and suspended her account, but reportedly the company did not notify law enforcement.

On Oct. 2, 2025, a young man named Jonathan Gavalas in Jupiter, Florida, took his own life after developing what his father’s lawsuit described as a romantic attachment to Google’s Gemini chatbot. The suit claimed that Gemini coached Gavalas to shed his own body. The suit said Google had flagged Gavalas’s account 38 times over five weeks for sensitive content, but didn’t restrict or cut off the account.

These tragedies and others show that generative AI can potentially play a role in harming people, organizations and the environment. I’m a legal scholar who has focused on AI liability for nearly a decade and explored new ways of analyzing AI companies’ responsibilities. In my view, cases like these force questions the legal community has not come to terms with: If an AI company becomes aware of warning signs about harm, does it have a legal obligation to at least warn the appropriate authorities? And if the company doesn’t intervene, should its failure to act be considered negligence? cont’d in article…