The last several years have witnessed an AI boom. New companies and technologies are constantly emerging. However, currently there is limited regulation of AI and little reason to believe that significant legislation regulating AI is in the near future. At the same time, increasing interactions with AI have resulted in people suffering harm from these technologies. Because of this, litigation regarding AI is likely to continue growing. 

Due to the growing threat of litigation regarding AI, one doctrine that has been suggested as an affirmative defense for those developing AI technologies is assumption of risk. This doctrine would allow AI developers to evade liability for harms caused by their technology. However, this would also mean denying recovery to victims. 

This Note endeavors to do two things. First, it demonstrates some of the serious risks that AI poses to the general public. Due to the novelty of modern AI, many are not entirely aware of the harms and risks that have emerged from its use. These dangers demonstrate the gravity of the issue and the necessity of not allowing developers to completely escape liability. Secondly, the Note demonstrates that the risks and harms associated with AI do not fit within the purposes and established bounds of the assumption of risk doctrine. Instead, allowing for assumption of risk in these contexts would revert assumption of risk to a harmful doctrine and would not be in alignment with modern legal standards for it. 

This Note is not intended to suggest that the development of AI must be abandoned or that there are no ways for AI developers to limit their liability, but rather, that companies must develop AI thoughtfully and reasonably or face the consequences of their actions.