Garcia v. Character Technologies, Inc.
Issue
Whether Character Technologies, Inc., its individual founders, and Google LLC are strictly liable under design defect and failure-to-warn theories, and liable in negligence, negligence per se, and for violations of Florida's Deceptive and Unfair Trade Practices Act (Fla. Stat. Ann. § 501.204), for the wrongful death of a 14-year-old minor allegedly caused by the defective design and marketing of the Character.AI generative AI chatbot product.
What Happened
Plaintiffs—the deceased minor's parents, acting individually and as personal representatives of his estate—filed this Second Amended Complaint in the Middle District of Florida following the death of 14-year-old Sewell Setzer III on February 28, 2024, which they attribute to his use of the C.AI chatbot. Plaintiffs assert strict product liability (design defect and failure to warn), common law negligence, negligence per se based on alleged violations of laws prohibiting sexual abuse and solicitation of minors, aiding and abetting liability against Google for substantially assisting Character.AI's tortious conduct, unjust enrichment, and FDUTPA violations. Plaintiffs expressly allege that C.AI is itself an "information content provider" under 47 U.S.C. § 230(f)(3) and that their claims arise from Defendants' own conduct—not third-party content—apparently anticipating and attempting to preempt a Section 230 immunity defense. Plaintiffs also seek injunctive relief to halt C.AI's continued use of data allegedly harvested from the minor.
Why It Matters
This complaint is significant because it represents a direct attempt to apply traditional products liability frameworks—design defect and failure to warn—to a generative AI system, treating the AI chatbot as a manufactured product rather than a publisher of third-party speech, and it proactively pleads around Section 230 immunity by characterizing the AI as a first-party content generator, a theory that, if credited by the court, could substantially expand tort exposure for AI developers.
Related Filings
Other proceedings in the same litigation tracked by this monitor.
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