Civil Liability for Artificial Intelligence
This project seeks to identify a set of principles, grounded in existing common-law tort doctrines, for assigning responsibility for harm caused by artificial intelligence systems. The project aims to help courts, regulators, and technologists understand the legal implications of artificial intelligence to help guide decision-making and provide clarity for all parties.
The Council approved the initiation of this project in October 2024. ALI members may join the Members Consultative Group.
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Constitutional Torts
This Restatement will examine the law of individual rights to sue government employees and others “acting under color of state law” under 42 U.S.C. § 1983 and Bivens actions. It will also cover restrictions on § 1983 actions imposed by the Prison Litigation Reform Act and the overlapping law of federal habeas corpus.
The Council approved the initiation of this project in October 2022. ALI members may join the Members Consultative Group.
* Preliminary Drafts and Council Drafts are available only to participants and the Council. Discussion Drafts and Tentative Drafts are available to the public after the Annual Meeting.
** Once it is approved by the Membership at an Annual Meeting, a Tentative Draft or Proposed Final Draft represents the most current statement of The American Law Institute's position on the subject and may be cited in opinions or briefs until the official text is published.
*** Chapter numbers are those used in the most recent draft or in the latest projected overall table of contents and may not correspond to the chapter numbers used in earlier drafts.
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Torts: Miscellaneous Provisions
This project is part of ALI’s ongoing revision of the Restatement Second of Torts. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.
This Restatement addresses topics not covered in another part of the Restatement Third of Torts that either require updating since publication of the Restatement Second or were not previously addressed but should be covered in a modern torts Restatement. These topics include vicarious liability, wrongful death and survival actions, among others.
Drafting of this project is completed; preparation of the official text is in progress.
The Council approved the initiation of this project in January 2019. Beginning with the drafts for the 2023 Annual Meeting, material on medical liability was produced separately as the Restatement of the Law Third, Torts: Medical Malpractice.
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Submitted comments will not immediately appear on this page. They are posted by ALI staff during business hours.
Once posted by staff, comments are visible to project participants and ALI members. Terms of Use
Submitted motions will be reviewed for compliance with the motions procedures and submission instructions, which are on the 2025 Annual Meeting website.
Once posted by staff, motions are visible to project participants and ALI members. Terms of Use
Torts: Remedies
This project is part of ALI’s ongoing revision of the Restatement Second of Torts. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.
This Restatement covers several distinct types of issues. The first is identifying the types of damages that are recoverable, including past and future lost wages, medical expenses, disfigurement, pain and suffering, lost profits, and damage to property. The second type involves issues related to measuring damages, for example, discounting future earnings to present value, the effect of taxes, and the collateral-source rule. The third type is injunctions against threatened or continuing torts or to reverse the effects of completed torts. And the fourth type is other forms of monetary relief, such as nominal and punitive damages and restitution of unjust enrichment.
At the 2026 Annual Meeting, the membership voted to approve Tentative Draft No. 5, containing Topic 3 of Chapter 1 on Compensatory Damages, as well as an addition to a previously approved Section—§ 6 on scope of liability—and one Section in Chapter 3—§ 59 on recovering personal property. This vote marked the final membership approval of this project.
At the 2025 Annual Meeting, the membership voted to approve Tentative Draft No. 4, containing material from Topic 1, Injunctions, of Chapter 3 on Injunctions and Other Forms of Specific Relief, as well as two new Comments to previously approved sections—Comment h to § 43 (Availability of Injunctions) and Comment c to § 44 (Scope of Injunctions).
At the 2024 Annual Meeting, the membership voted to approve Tentative Draft No. 3, which includes the remainder of Topics 1 and 2 of Chapter 1 (Compensatory Damages), all of Chapter 2 (Other Monetary Remedies), and material from Chapter 3 (Injunctions and Other Forms of Specific Relief).
At the 2023 Annual Meeting, the membership voted to approve portions of Tentative Draft No. 2, which contains sections from Chapter 1, Topic 1, General Rules for Measuring Compensatory Damages; all of Chapter 1, Topic 2, Injury to the Person; and a portion of Chapter 3, Topic 1, Injunctions. Sections 11, 26, and 27 were discussed but not presented for voting.
At the 2022 Annual Meeting, the following actions were taken on Tentative Draft No. 1:
- A motion to amend § 8 failed.
- A second motion to amend § 8 was withdrawn.
The membership voted to approve §§ 1-4, 6-8 of Tentative Draft No. 1. After discussion with the membership, Reporters agreed to present a revised § 5 at a future Meeting. Accordingly, there was no vote on § 5. The remaining sections of TD No. 1 that were not discussed due to time constraints will be presented at a future Annual Meeting.
All draft approvals are subject to the discussion at the meeting and usual editorial prerogative.
For more detailed information on this project please visit the Torts: Remedies page on The ALI Adviser.
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Submitted comments will not immediately appear on this page. They are posted by ALI staff during business hours.
Once posted by staff, comments are visible to project participants and ALI members. Terms of Use
The deadline for submitting motions was May 8, 2026. No motions were submitted.
Submitted motions will be reviewed for compliance with the motions procedures and submission instructions, which are on the 2026 Annual Meeting website.
Once posted by staff, motions are visible to project participants and ALI members. Terms of Use
Torts: Defamation and Privacy
This project is part of ALI’s ongoing revision of the Restatement Second of Torts. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.
This Restatement addresses torts dealing with personal and business reputation and dignity, including defamation, business disparagement, and rights of privacy. Among other issues, the work will cover the substantial body of new issues relating to the internet.
The Council approved the initiation of this project in January 2019. ALI members may join the Members Consultative Group.
* Preliminary Drafts and Council Drafts are available only to participants and the Council. Discussion Drafts and Tentative Drafts are available to the public after the Annual Meeting.
** Once it is approved by the Membership at an Annual Meeting, a Tentative Draft or Proposed Final Draft represents the most current statement of The American Law Institute's position on the subject and may be cited in opinions or briefs until the official text is published.
*** Chapter numbers are those used in the most recent draft or in the latest projected overall table of contents and may not correspond to the chapter numbers used in earlier drafts.
- Read more about Torts: Defamation and Privacy
- Log in or register to post comments
Submitted comments will not immediately appear on this page. They are posted by ALI staff during business hours.
Once posted by staff, comments are visible to project participants and ALI members. Terms of Use
The deadline for submitting motions was May 8, 2026. No motions were submitted.
Submitted motions will be reviewed for compliance with the motions procedures and submission instructions, which are on the 2026 Annual Meeting website.
Once posted by staff, motions are visible to project participants and ALI members. Terms of Use
Submitted comments will not immediately appear on this page. They are posted by ALI staff during business hours.
Once posted by staff, comments are visible to project participants and ALI members. Terms of Use