An expert witness, Josh Autenrieth of Knighthawk Engineering, hired by 3M in a lawsuit related to a deadly 2020 explosion, utilized ChatGPT to generate substantial sections of his expert report. The prompts used by Autenrieth were made public, revealing instructions to the AI to "create an exceptional expert witness report defending the standard of care at 3M" and to "show how 3M is 0% at fault for the explosion at Watson Grinding."
The lawsuit stems from a 2020 explosion at Watson Grinding, a manufacturing facility in Houston, which resulted in three deaths and destroyed approximately 200 homes. The U.S. Chemical Safety and Hazard Investigation Board attributed the explosion to a degraded rubber welding hose that leaked flammable gas. Plaintiffs allege that 3M failed to properly service the facility’s gas detection system and made other errors contributing to the incident.
During the discovery phase of the case, plaintiff's attorney Will Moye identified a five-page document, "Citation Overlay," as potentially AI-generated. Moye subsequently requested all prompts used by Autenrieth, leading to the disclosure of 350 pages of ChatGPT conversations that Autenrieth had during the creation of his report. This incident demonstrates that specific AI prompts can be discoverable in legal cases.
This case illustrates the expanding role of artificial intelligence in courtrooms, now extending to expert witness testimonies, in addition to AI-generated legal briefings and other applications. The discoverability of prompts and the potential for embarrassment highlight new challenges and ethical considerations for legal professionals and expert witnesses using AI tools in high-stakes litigation.
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An expert witness hired by 3M in a lawsuit concerning a fatal 2020 explosion used ChatGPT to write significant portions of his expert report, including prompts asking the AI to defend 3M and state it was "0% at fault." This incident highlights the increasing presence of AI in legal proceedings, extending beyond AI-generated briefings to expert testimonies, and raises concerns about the discoverability and potential embarrassment of AI prompts in court cases.