May 27, 2026, 11:04 am | Read time: 2 minutes
AI chatbots now answer customer questions or assist with appointment bookings on many websites. However, a ruling by the Higher Regional Court of Hamm shows that companies can be held accountable for false statements made by their artificial intelligence. Specifically, it involved a chatbot on a clinic’s website that provided misleading information about the doctors working there.
Court Holds Companies Accountable
In the case at hand, patients could ask questions and book appointments through the chatbot. The AI referred to the clinic’s two doctors as “specialists in plastic and aesthetic surgery,” “specialists in aesthetic medicine,” and “specialists in aesthetic treatments,” among other titles. The issue: According to the court, some of these specialist titles do not exist at all.
A plaintiff therefore took action against the clinic. He issued a warning to the company and demanded a cease-and-desist declaration with a penalty clause. Although the clinic later deactivated the chatbot, it did not sign the requested declaration.
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Higher Regional Court of Hamm Calls It Misleading
The 4th Civil Senate of the Higher Regional Court of Hamm deemed the chatbot’s statements as impermissible business practices under competition law. Therefore, the clinic is no longer allowed to use the respective titles.
The decision is particularly important regarding the question of responsibility for AI-generated content. The defendant argued that the erroneous statements originated from the artificial intelligence itself and therefore could not be attributed to the company. However, the court did not agree with this assessment.
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According to the court, the website operator remains responsible even if the chatbot was initially programmed with correct data. The judges made it clear that companies can be liable for misleading information from their AI systems.
Appeal to the Federal Court of Justice Allowed
The court also clarified that an AI chatbot is not legally considered a “third party.” Therefore, the company cannot claim that it merely fulfilled its supervisory duties.
Because the case raises fundamental questions about the handling of artificial intelligence and the legal responsibility of companies, the Higher Regional Court of Hamm allowed an appeal to the Federal Court of Justice. This means Germany’s highest civil court could soon address liability for false statements made by AI chatbots for the first time.