OpenAI asks California court to dismiss lawsuits over Tumbler Ridge shooting
Lawyers for OpenAI claim any legal action related to the deaths and injuries should take place in British Columbia.
Tech giant argues British Columbia is best place for legal battle over mass shooting responsibility
Jason Proctor · CBC News
·
Listen to this article
Estimated 5 minutes
The audio version of this article is generated by AI-based technology. Mispronunciations can occur. We are working with our partners to continually review and improve the results.
OpenAI wants a U.S. judge to dismiss more than three dozen lawsuits filed in California by survivors and families of victims of the Tumbler Ridge school shooting who claim the tech giant and its chief executive officer could have prevented the tragedy.
In motions to dismiss some of the 37 U.S. federal court actions, lawyers for OpenAI claim any legal action related to the deaths and injuries should take place in British Columbia.
The company says it will ultimately defend itself against what it calls "baseless accusations" but insists both private and public interests would be best served by putting the case in front of a B.C. judge.
"California is not the most appropriate forum for claims by British Columbians attacked by a British Columbian in British Columbia," the motion to dismiss reads.
"British Columbia plainly is an available and adequate alternative forum, so the key questions ... are where the parties can access evidence and which forum has the greater interest. The answer to both is British Columbia."
On Feb. 10, 18-year-old Jesse Van Rootselaar killed eight people — including six children — before taking her own life.
Questions about the shooter's interactions with the health care system and police arose in the wake of the tragedy — turning to OpenAI after news reports about Van Rootselaar's use of ChatGPT.
The first lawsuits filed against OpenAI and CEO Altman were filed last spring in California, where the company is headquartered, with another wave of claims following earlier this month.
The claims alleged "ChatGPT played a role in the mass shooting and OpenAI could have, and should have, prevented it."
The victims claim the company flagged the shooter's ChatGPT account for "gun violence and planning" eight months before the attack, but "after a contentious internal debate, made the conscious decision not to warn authorities."
They claim to be suing both Altman and his company "for designing a dangerous product, ignoring the warnings of their own safety team, refusing to notify authorities when they knew the shooter was planning a mass attack, inviting them back onto the platform after deactivating their account, and choosing profit over the lives of the children of Tumbler Ridge."
WATCH | Lawyer wants chat logs released:
Lawyer for Tumbler Ridge victims says OpenAI should be held accountable
September 2|
Duration
9:00
'Forum non conveniens'
OpenAI has filed identical motions to dismiss a number of the suits over the past two weeks, citing a legal concept called "forum non conveniens" to argue that British Columbia is the logical place to bring any legal action related to the Tumbler Ridge shooting.
The company says most of the evidence in the case is in British Columbia as are most of the people likely to serve as witnesses.
OpenAI also says B.C has a "uniquely strong sovereign interest in having these actions resolved at home."
The motion to dismiss claims the court actions will require an examination of the role of "Canadian law enforcement, firearms regulations and British Columbia institutions in the events that preceded the shooting."
OpenAI says the actions would overlap "with Canada’s ongoing examination of its own institutions and policy choices."
"The jury may need to determine, among other questions, whether Canadian law enforcement acted reasonably in returning guns to the home of a mentally unstable teenager who had recently committed arson in an attempt to kill her family and had repeatedly been involuntarily hospitalized under British Columbia’s mental health legislation," the court document reads.
"The standard of care may turn on Canadian and British Columbia statutes and community practices — which differ from those in California."
Claims are 'not viable'
Wherever the lawsuits eventually take place, OpenAI says it intends to fight the allegations.
"[The] legal claims — blaming OpenAI for a horrific mass shooting by a deeply troubled teenager after systemic failures by the law enforcement, mental-health care, and educational institutions in her community — are not viable" the motion to dismiss says.
"Nor are the claims against Samuel Altman, who was not personally involved in the June 2025 review of the shooter’s ChatGPT account or the decision at that time not to refer her account to Canadian law enforcement."
In the wake of revelations about the shooter's ChatGPT history, Altman apologized to the Tumbler Ridge community and said the company has updated its protocols.
The B.C. government is also planning legal action against OpenAI, and has since demolished the site of Tumbler Ridge Secondary School.
ABOUT THE AUTHOR
Jason Proctor is a reporter in British Columbia for CBC News who has covered the B.C. courts and justice system extensively.
KioskNews shows a cleaned-up reading view extracted from the publisher’s page — the original always lives on their site, not ours.