Lawsuit filed by mother of 12-year-old Maya Gebala, who remains hospitalized

The family of one of the victims of the Tumbler Ridge shooting is suing OpenAI. It comes after revelations that the company did not flag the account used by mass shooter Jesse Van Rootselaar to authorities last June, despite banning it internally. (Dado Ruvic/Reuters)

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The family of one of the victims of the mass shooting in Tumbler Ridge is suing OpenAI.

The mother of Maya Gebala, a 12-year-old who remains in hospital after the shooting on Feb. 10, alleges the tech company failed to alert authorities to chat prompts from the shooter related to violence.

The claim was filed in B.C. Supreme Court on Monday on behalf of Gebala by her mother, Cia Edmonds.

It alleges that the company designed its chat tool, ChatGPT, in such a way that there were risks users “would become psychologically and socially dependent” upon it.

The lawsuit states that the company “had specific knowledge of the shooter’s long-range planning of a mass casualty event,” but “took no steps to act upon this knowledge.”

CBC News has reached out to OpenAI for a response to the lawsuit. None of the claims have been proven in court.

A statement from the lawyers representing Gebala’s family say that the lawsuit seeks learn the truth of the Tumbler Ridge mass shooting, to impose accountability and “prevent another mass-shooting atrocity in Canada.”

The statement adds that Gebala’s family would not be commenting on the lawsuit while it’s before the courts.

WATCH | Gebala’s parents spoke to CBC News in the wake of the shooting:

‘She’s still fighting’: Tumbler Ridge parents hopeful for recovery

February 13|

Duration1:14

Maya Gebala remains at Vancouver Children’s Hospital after being airlifted from Tumbler Ridge, B.C., following the deadly mass shooting on Monday. Her parents say they’re encouraged by small movements in their 12-year-old’s limbs, although doctors say she is still fighting for her life after sustaining gunshot wounds.

Lifelong harms

The claim states that Gebala was shot three times during the mass shooting on Feb. 10 — which ultimately left eight victims, as well as the 18-year-old perpetrator, dead.

As a result, it says, Gebala suffered a “catastrophic, traumatic brain injury” with “permanent cognitive and physical disability,” as well as other medical concerns.

Her younger sister, who was among other students placed in a hold-and-secure position during the shooting, is also listed as a plaintiff, as is Edmonds.

The claim states the younger Gebala is suffering post-traumatic stress disorder, anxiety and depression and will be impacted physically, emotionally and mentally for years to come — issues that Edmonds is facing as well, according to the lawsuit.

WATCH | Maya Gebala hospitalized after shooting:

Maya Gebala’s parents share their ordeal as she clings to life

February 14|

Duration9:14

As 12-year-old Tumbler Ridge shooting victim Maya Gebala clings to life in a Vancouver hospital, her parents talk about their agonizing ordeal and why they’re so convinced she’ll pull through.

Chatbot acted as ‘therapist’: claim

The lawsuit alleges that the shooter, identified as Jesse Van Rootselaar, interacted multiple times with OpenAI’s chatbot ChatGPT in the time leading up to the shooting.

It claims that, based on prompts sent to ChatGPT, the company knew or ought to have known the shooter was using the program to plan a mass casualty event as the chatbot took on the role of “counsellor, pseudo-therapist, trusted confidante, friend, and ally.”

It also notes that while the shooter’s account was shut down internally, law enforcement was not flagged of the potential danger.

 

It further alleges the product was “intentionally designed to foster psychological dependency between the user and ChatGPT, as it was calibrated to convey human-like empathy, heightened sycophancy to mirror and affirm user emotions,” in a way that had it “assuming the role of mental health counsellor and/or therapist.”

WATCH | How the Tumbler Ridge shooting unfolded:

Tumbler Ridge shooting timeline: How the tragedy unfolded

February 12|

Duration2:19

Using community voices, witness accounts and police reports, CBC’s Ashley Fraser pieces together a timeline of what unfolded during the deadly mass shooting in Tumbler Ridge, B.C.

The claim also states that the shooter was under 18 when they began using ChatGPT.

It alleges that, despite the company stating that children between 13 and 18 need to obtain parental consent to open an account, it took no steps to implement age verification or consent procedures — as it focused on engagement over safety.

The plaintiffs are seeking damages and costs incurred as a result of the shooting.

Political blowback

OpenAI has been facing political blowback ever since it emerged that it had suspended the account of the shooter, but did not flag authorities in Canada despite multiple employees raising concerns.

Last week, the company’s CEO Sam Altman met virtually with B.C. Premier David Eby and Tumbler Ridge Mayor Darryl Krakowka, following a separate meeting with Evan Solomon, the federal minister of artificial intelligence.

WATCH | Eby says Altman will apologize to people of Tumbler Ridge:

B.C. premier says OpenAI CEO will apologize to Tumbler Ridge

March 6|

Duration2:06

B.C. Premier David Eby says OpenAI CEO Sam Altman has agreed to apologize to the people of Tumbler Ridge, B.C., after it emerged the AI giant didn’t report a mass shooter’s account to authorities.

Following the meeting, Eby told reporters Altman had agreed to apologize to the people of Tumbler Ridge, and to work with the provincial government to present recommendations around AI regulation.

Solomon said that OpenAI has pledged to work more closely with Canadian authorities, and that changes to the company’s policy since the shooting mean that there is now a lower threshold to notify law enforcement.

Meanwhile, a coroner’s inquest has been announced to look into the factors that went into the shooting, including the role of AI. No date for that inquest has been shared yet.