AI liability consultations are landing in Florida law offices now — hallucinated defamation, deepfake image abuse, vendor contracts gone sideways, client data fed into chatbots. The law is scattered across a dozen theories, and the deadlines are short.
This is a first-consultation instrument for Florida lawyers. Work it in order and walk out of the first hour with the matter mapped: facts captured, claims spotted, defenses screened, deadlines calendared.
What’s inside
- Matter intake (Part 1) — conflict check, posture (plaintiff or defendant), engagement and fee discipline before advice goes beyond general information.
- The AI fact pattern (Part 2) — the system, the data, the harm, the timeline, contracts and insurance. Vague answers here become missed claims later.
- Claims checklist (Part 3) — twelve theories, A1–A12: FDUTPA, FIPA breach notification, deepfake and image-based offenses, defamation, right of publicity, negligence, IIED, contract and vendor claims, trade secrets, IP (federal overlay), political AI disclosure, FTC Act §5. Each with an assessment line: strong / fair / weak / ruled out.
- Defenses & complications screen (Part 4) — time bars, speech and platform defenses including Florida’s anti-SLAPP statute (§768.295), comparative fault, preemption, the contract as a defense, evidence and litigation conduct.
- Damages, remedies & fee-shifting (Part 5) — what each theory actually pays, and who pays the fees.
- Triage & next steps (Part 6) — turning the assessment into a case plan.
- Addendum A — theories-of-liability reference sheet with hyperlinked Florida statutes.
- Addendum B — critical deadlines at a glance, including the 5-day defamation notice.
Built for both postures — whether your client was harmed by someone else’s AI or deployed the AI that caused the harm.
Formats: PDF + editable Word (DOCX), so you can adapt the intake questionnaire to your own practice.
Companion resources: When AI Gets You Sued in Florida — the plain-language enforcement map to hand the client — and AI Vendor Contract Red Flags + Model Protective Clauses — the contract-diligence playbook for the vendor behind the system. Also in the line: the AI Liability Coverage Checklist and the AI Liability Exposure Map (free).
Practice aid, not legal advice. AI liability law is developing rapidly — verify every citation against current primary authority before relying on it. No attorney-client relationship is created by purchasing or using this toolkit.
