DOWNTOWN TALLAHASSEE, FL — A law firm representing the family of a victim killed in the Florida State shooting last April plans to file a lawsuit against ChatGPT, alleging the artificial intelligence chatbot may have advised the gunman on how to commit the crimes.
Ryan Hobbs of the Brooks, LeBoeuf, Foster, Gwartney, & Hobbs Law Firm confirmed the impending lawsuit in a statement. Hobbs said the firm has been advised that the alleged gunman was in constant communication with ChatGPT leading up to the shooting.
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Hobbs said the firm has "reason to believe that ChatGPT may have advised the shooter how to commit these heinous crimes."
The firm represents the family of Robert Morales, a former Florida State employee and one of two people killed in the Florida State University shooting in April last year. Tiru Chabba was the other man who lost his life in the incident.
“We have been advised that the shooter was in constant communication with ChatGPT leading up to the shooting. We also have reason to believe that ChatGPT may have advised the shooter how to commit these heinous crimes. We will therefore file suit against ChatGPT, and its ownership structure, very soon, and will seek to hold them accountable for the untimely and senseless death of our client, Mr. Morales.”
The alleged gunman, Phoenix Ikner, faces nine charges for the shooting on April 17 of last year, including first-degree murder and attempted first-degree murder. State Attorney Jack Campbell also told ABC 27 last year that they would be seeking the death penalty for Ikner.
Local Criminal Defense Attorney Tim Jansen said filing a lawsuit against a company as large as ChatGPT will be a difficult battle.
"ChatGPT will fight, and it's going to be be a major long fight," Jansen said.
Jansen said he believes the defense might include Section 230 of the Communications Decency Act, which states a company cannot be held liable for the content of messages.
"Well, they will, they're going to try to get it for product liability. Because that's one of the defense mechanisms," Jansen said.
Jansen said Hobbs will likely file the lawsuit in state court, and ChatGPT will move it to federal court. He said he is unsure how the case will play out, but evidence will be key.
"If there's documentation that ChatGPT somehow encouraged, assisted or gave information how to commit this crime a mass shooting, there's a big issue there. That's a problem," Jansen said.
Ikner is expected to go to trial in October, but that date will likely be moved following the recent promotion of Judge Lance Neff, who was presiding over the case. Court records show no new judge has been selected
ABC 27 has reached out to ChatGPT's parent company, OpenAI, for comment, but has not yet heard back.
Ikner's next case management is set for May 13th, per court records, we expect to learn more about the timeline of the case then.
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