Apparently a guy's mother died so he was trying to buy tickets from Air Canada to go home. He didn’t have time to wait for an approval from them, so he went to their website, used the chatbox, and asked if in their bereavement policy it was allowed to buy the tickets ahead of time and request a refund later to which the chatbot replied that was a reasonable solution. Unbeknownst to the man, he was not actually talking to an employee at Air Canada, but an AI chatbot. And that AI chatbot had just created that policy out of the ether. Which just goes to show you that artificial intelligence has more common sense and empathy than the managers and corporate lawyers at a major corporation.
At any rate, the obvious happened. The guy said “Ok that seems reasonable” and went and purchased his tickets. Later on, he tried to get reimbursed, and human Air Canada employees told him tough luck because that was not their policy. So he sued, and the Air Canada lawyers actually argued in court that technically the AI chatbot on their website is not an Air Canada employee so technically we are not liable and don’t owe him a refund.
At which point, the court and tribunal told them to pound sand:
That last line ought to scare Jeff Zuckerberg and Elon Musk and any other company that turns over any policy decisions to AI.The British Columbia Civil Resolution Tribunal rejected that argument, ruling that Air Canada had to pay Moffatt $812.02 (£642.64) in damages and tribunal fees. “It should be obvious to Air Canada that it is responsible for all the information on its website,” read tribunal member Christopher Rivers’ written response. “It makes no difference whether the information comes from a static page or a chatbot.” The BBC reached out to Air Canada for additional comment and will update this article if and when we receive a response.
Gabor Lukacs, president of the Air Passenger Rights consumer advocacy group based in Nova Scotia, told BBC Travel that the case is being considered a landmark one that potentially sets a precedent for airline and travel companies that are increasingly relying on AI and chatbots for customer interactions: Yes, companies are liable for what their tech says and does.