‘Show How 3M Is 0% at Fault:’ Expert Witness Used ChatGPT to Write Report Defending Company in Deadly Explosion Lawsuit

An expert witness testifying in a lawsuit about liability for a Houston explosion that killed three people and destroyed roughly 200 homes used ChatGPT to write significant portions of his “expert report.” The man, who was hired by the industrial product conglomerate 3M, exposed his AI prompts publicly. They showed that he asked ChatGPT to help him “create an exceptional expert witness report defending the standard of care at 3M,” and that the report should “show how 3M is 0% at fault for the explosion at Watson Grinding.”

The incident shows that artificial intelligence has made its way into courtrooms not just in AI-generated legal briefings, hallucinated cases, and adversarial “prompt injections,” but in expert witness testimonies. Court transcripts, deposition documents, and discovery records shared with 404 Media show extensive AI use in an extremely high profile case, where multiple people died and hundreds of millions of dollars in total liability are at stake in ongoing litigation about the explosion. The case also shows that the specific prompts used to create this type of expert testimony can be discoverable during a case, and that those prompts can be quite embarrassing. (Prompts provided in the case are here). 

The case is one of several about liability for a 2020 explosion at Watson Grinding, a manufacturing facility in Houston that was caused by a “degraded and poorly crimped rubber welding hose,” which leaked a flammable gas that eventually exploded in the facility, according to the U.S. Chemical Safety and Hazard Investigation Board. Dozens of homeowners have sued 3M and Watson Grinding; the plaintiffs alleged that 3M didn’t properly service the facility’s gas detection system and made other errors that contributed to the explosion. 

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