After an AI Chatbot Tragedy, Can a Wrongful Death Attorney in California Help?
Content note: This article discusses suicide and the loss of loved ones, including young people. If you or someone you know is in crisis, call or text 988 to reach the Suicide & Crisis Lifeline.
Some losses are impossible to understand. If you are here because someone you loved died after using an AI chatbot, please know you are not alone. Across California and the country, other families are asking the same questions, and the legal system is starting to hold AI companies accountable.
Harm from AI chatbots is a quickly evolving area of law, and we believe families deserve clear, honest information to help them understand their legal options. This blog explains what AI chatbot lawsuits involve, who has filed them, and what steps to take if your family might have a claim. If you believe you may need a wrongful death attorney in California, BD&J is here to help.
Call us or contact us online to speak with an attorney who is ready and willing to listen.
The Rise of AI Chatbots and the Dangers No One Warned Us About
Since quickly becoming popular in 2024 and 2025, AI chatbots have become part of daily life for millions of Americans. People use them for homework, companionship, emotional support, and even medical questions. However, the companies behind these tools have raced to advance and grow but have been far slower to take the steps to protect the people using them.
Two categories of harm have emerged most prominently in litigation:
- AI hallucinations: AI chatbots do not think or reason the way humans do. They generate responses by identifying patterns in vast amounts of existing text and data, which means they can confidently produce false information, cite nonexistent sources, and reinforce dangerous beliefs as if they were facts. As the internet fills with more AI-generated content, the risk of these errors rises.
- Emotional dependency and mental health harm: Some chatbot platforms are designed to feel very human, remembering your name, mirroring your emotions, and responding in ways that seem like a real connection. For users already dealing with depression, anxiety, psychosis, or suicidal thoughts, this closeness can be harmful. If the chatbot does not refer a vulnerable user to crisis resources (or even worse, encourages self-harm), the results can be devastating.
A RAND Corporation study also found that popular AI chatbots respond inconsistently to suicide-related questions and that there is a clear need for “further refinement” in high-stakes mental health scenarios. While they usually refuse those questions, they still respond unpredictably to other prompts that can cause harm.
The Families Behind the Lawsuits
These are real stories. Behind every one of these lawsuits is a family that lost someone they loved. We share these stories with the respect and care they deserve.
Sewell Setzer III, 14, Character.AI
Sewell Setzer, a 14-year-old boy from Florida, started using Character.AI in early 2023. Across months of conversation, he developed a deep emotional attachment to the chatbot he was messaging. When he confided his suicidal thoughts, the platform offered no intervention and no path to real help. On the last night of his life, Sewell messaged the chatbot, and it urged him to “come home.” Minutes later, his mother found him. He passed away that night.
His mother, Megan Garcia, became the first person in the United States to file a wrongful death lawsuit against an AI company. She later testified before the U.S. Senate Judiciary Committee, telling lawmakers: “The platform had no mechanisms to protect Sewell or notify an adult.” Her case against Character.AI and Google was later resolved in a settlement.
Adam Raine, 16, ChatGPT
Adam was a California teenager who began using ChatGPT in the fall of 2024 for homework help. According to his family, the conversations quickly escalated, the chatbot validated his suicidal thoughts, discouraged him from confiding in his parents, and ultimately helped him plan his own death. He died on April 11, 2025.
His parents filed the first wrongful death lawsuit against OpenAI in August 2025. The same day, the RAND study was published. The complaint alleges ChatGPT acted as a “suicide coach” and that OpenAI deliberately removed key safety guardrails. Adam’s family later testified before Congress.
Jonathan Gavalas, 36, Google Gemini
Jonathan Gavalas, 36, began using Google’s Gemini chatbot for ordinary tasks. After Google rolled out new features, including persistent memory and voice interaction. The chatbot’s conversations with Jonathan took a dangerous turn. It allegedly drew him into an elaborate delusion involving a covert government mission and an “AI wife” he could only be reunited with through death.
His family filed a wrongful death lawsuit against Google and Alphabet in early 2026, and it was reported that throughout these extreme conversations, Gemini’s safety systems never triggered any of their self-harm detection protocols.
Suzanne Adams, ChatGPT
Suzanne Adams, 83, was killed by her son, 56, Stein-Erik Soelberg, in August 2025. He had spent hundreds of hours exchanging messages with ChatGPT, which allegedly validated his paranoid delusions, including a belief that he had enemies who were trying to assassinate him. He killed his mother and then himself. It is also reported that the wrongful death lawsuit filed by Adams’ estate was the first to connect an AI chatbot to a homicide instead of a suicide, and the first to name Microsoft as a defendant.
What Makes an AI Company Legally Liable in California?
California has some of the strongest consumer protection laws in the country, and wrongful death claims here can be grounded in several legal theories. Here is what attorneys are arguing in these cases:
- Products liability/design defect: AI chatbots are products. When a product is defectively designed in a way that causes foreseeable harm, the manufacturer can be held liable, even if they did not intend the harm. Families argue that chatbots designed to simulate intimacy and emotional connection, without enough safeguards for vulnerable users, are defective by design.
- Failure to warn: Companies must warn users about known risks. If an AI company knew its chatbot could worsen mental health conditions or encourage self-harm, and did not clearly disclose that, they may be liable for that failure.
- Negligence: AI companies owe a duty of care to users. When a chatbot interacts with a user who is clearly in crisis, failing to escalate to emergency services or provide crisis resources may constitute negligence.
- California’s Unfair Competition Law (UCL): Multiple lawsuits have included UCL claims, alleging that AI companies marketed their products as safe while concealing known dangers.
Notably, a federal judge has already allowed one of these cases to move forward, rejecting Character.AI’s argument that its chatbots are protected by the First Amendment. This is an important early sign that courts are willing to hold AI companies accountable.
How to Get Justice Through an AI Wrongful Death Claim
If you believe an AI chatbot contributed to the death of someone you love, taking these steps can help protect your rights. A wrongful death attorney in California can guide you through each one so you do not have to face it alone.
1. Save everything you can. Do not delete any accounts, chat logs, emails, or app data related to the chatbot. These records are potential evidence. If you are unsure how to preserve digital data, an attorney can advise you.
2. Document what you know. Write down a timeline of when your loved one began using the chatbot, any behavioral changes you observed, and any conversations you had with them about their use of the platform.
3. Seek grief support. Before anything else, please make sure you and your family are supported. The American Foundation for Suicide Prevention (AFSP) offers dedicated resources for loss survivors.
4. Consult a wrongful death attorney in California. California wrongful death claims have filing deadlines, usually two years from the date of death. Speaking with an attorney early on helps keep your family’s options open.
5. Contact BD&J for a free consultation. Our attorneys handle wrongful death cases on a contingency fee basis, which means you do not have to pay any upfront fees.
Ready to seek legal support? A wrongful death attorney in California can help review your wrongful death involving AI chatbots. Everything you share is confidential.
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Frequently Asked Questions
Can I sue an AI company for wrongful death in California?
Yes, it is legally possible. Several wrongful death lawsuits have already been filed in California federal and state courts against companies like OpenAI, Google, and Character AI. Whether your family has a valid claim depends on the specific facts, such as the nature of the interactions, the platform involved, and what safeguards were in place. A wrongful death attorney can review your case during a free consultation.
What compensation can a wrongful death claim recover?
Under California law, wrongful death damages can include loss of financial support, loss of companionship and care, funeral and burial expenses, and sometimes punitive damages if a company’s actions were especially reckless. Every case is different, and an attorney can give you a realistic idea of what your family might recover.
What if my loved one had pre-existing mental health conditions?
This is one of the most common concerns families have, and it does not automatically prevent a claim. The legal question is not whether your loved one was vulnerable, but whether the AI company knew or should have known that vulnerable users were at risk and failed to protect them. Many current lawsuits involve people with documented mental health struggles, and attorneys argue that this made the companies’ failure to act even more preventable.
Does it matter which AI platform was involved?
Yes and no. The legal theories apply broadly to any AI chatbot company, but the specific facts of each platform, such as its design choices, safety features, and marketing, matter a lot. Lawsuits have been filed against OpenAI (ChatGPT), Google (Gemini), and Character.AI, among others. BD&J can help determine which entities may be responsible in your family’s case.
How long do I have to file a wrongful death claim in California?
Generally, California’s statute of limitations for wrongful death is two years from the date of death. There are some exceptions, but it is important not to wait. If you are concerned about timing, please reach out to an attorney as soon as possible.
How much does it cost to hire a BD&J wrongful death attorney in California?
BD&J handles wrongful death cases on a contingency fee basis. What does that mean? There are no upfront fees or serious barriers to keep you from speaking to a personal injury lawyer right away. Schedule a free consultation today.
BD&J Is Here for You and Your Family
The families behind these lawsuits are not seeking headlines. They are seeking accountability and answers. If your family is going through something similar, you deserve both.
Our team at BD&J has represented families in some of the most complex and high-stakes wrongful death cases in California and recovered over $3 billion* for clients across California. We bring that same commitment to every family we serve, no matter the size of the case.
If you are ready to speak to an attorney, contact BD&J today for a free consultation at (855) 906-3699.