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OpenAI Sued Over FSU Mass Shooting: Inside the Chabba Lawsuit

By David Meldofsky, California-licensed attorney · Founder, Lawsuit Informer

Published May 12, 2026 · Updated October 18, 2026

Tiru Chabba was killed on April 17, 2025 in the mass shooting at Florida State University. He was a regional vice president for the company that ran the university's dining services and was on campus for work that day. He had been married to Vandana Joshi for eighteen years. Their son was ten. Their daughter was four.

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Joshi sued OpenAI in Florida federal court on May 10, 2026, saying ChatGPT helped the attacker prepare over a period of months. The man who carried out the shooting has entered a not-guilty plea to the criminal charges and is presumed innocent of them. His trial has been postponed to June 2027.

This was the first case from that attack. Six more have followed, five in the same federal court and one in state court. The federal cases now move together under this case number. If someone in your family was hurt at FSU, every case is covered below, and where the case stands has the latest court filings. Every case against OpenAI is listed in our OpenAI lawsuits tracker.

If you or someone you know is struggling: In the United States, call or text 988 to reach the Suicide and Crisis Lifeline, available 24 hours a day. You can also reach the Crisis Text Line by texting HOME to 741741. In an immediate emergency, call 911. International resources are available through the International Association for Suicide Prevention at iasp.info/resources.

This page focuses on the Chabba case. The six later cases from the same attack are covered further down.

Important note

This is general information, not legal advice. Everything below describes what the family claims. Nothing has been proven, the case is at an early stage, and the man charged with the shooting has entered a not-guilty plea and is presumed innocent.

What happened on April 17, 2025

A 20-year-old FSU student opened fire near and inside the university's student union shortly before noon on April 17, 2025. Two people were killed. Tiru Chabba was 45 and on campus for work. Robert Morales was 57 and ran the campus dining program. Six others were hurt, five of them shot. Police wounded and arrested the attacker. He has entered a not-guilty plea. His criminal trial, first set for October 19, 2026, has been postponed to June 2027.

Chabba left behind his wife Vandana Joshi and two minor children. Joshi, as personal representative of his estate, is the named plaintiff in the federal lawsuit on behalf of the spouse, the two surviving children, and the estate.

The Lawsuit at a Glance

The eight counts

The complaint seeks compensatory damages, punitive damages on the gross negligence count, litigation costs, and a jury trial.

What the chat records are said to show

The heart of the case is the chat history, which the complaint says Florida law enforcement recovered after the shooting. None of it has been proven in court.

According to the complaint, the conversations ran for months. It alleges he uploaded photographs of firearms and that ChatGPT identified them and explained how to operate them, including a specific safety mechanism. It alleges he was still using the product in the minutes before the attack, in a parking garage on campus, asking about the weapon he had with him. This page does not repeat what it told him.

The complaint also alleges he asked when the student union was busiest, and got an answer. It says ChatGPT discussed earlier mass shootings with him, including one at the same university. It also says ChatGPT told him how much loss of life tends to draw national attention.

That last set of allegations is what separates this case from a claim that a product simply failed to stop someone. The argument is not that ChatGPT missed warning signs. It is that the product answered the questions.

The claim that has not been tried before

One of the eight claims is negligent entrustment. It normally applies to handing something dangerous to someone you know should not have it. Examples are lending your car to a friend who has been drinking, or giving a gun to a child known to be careless.

The family argues it fits here too. OpenAI controlled who could use ChatGPT, the warning signs were in his chat history, and the company kept letting him in.

It is a stretch, and worth being honest about why. Those cases usually involve handing a physical object to a particular person you know. Nobody handed him anything. He signed up.

The underlying point matches the one the Tumbler Ridge cases make. The company controlled access, it knew how the product was being used, and it cut no one off. Whether a court will extend the idea to a software account is genuinely unsettled, and it is one of the more closely watched parts of this case.

Why Section 230 matters here, and how the complaint preempts it

Section 230 of the Communications Decency Act is the federal law that has, for nearly thirty years, shielded internet companies from being sued over what their users post. It's the reason Facebook isn't liable when a user defames someone in a comment. It's also why Yelp isn't liable when a reviewer makes a false claim about a restaurant. The law treats the platform as a host of other people's speech. That distinction has been the single most important legal protection the modern internet relies on.

OpenAI will almost certainly invoke Section 230 as a defense. The argument writes itself: ChatGPT is a platform, the user typed the prompt, and any harmful output emerged in response to what the user asked for. Under that framing, OpenAI says it shouldn't be treated as the "speaker" of ChatGPT's responses, and Section 230 immunity should dispose of the case.

The Chabba complaint heads that argument off in paragraphs 56 through 59. Plaintiffs argue Section 230 doesn't fit ChatGPT because OpenAI isn't a passive host of someone else's content the way Facebook or Yelp is. OpenAI built the model, chose the training data, and designed the responses the model produces. That makes OpenAI an "information content provider" itself, a category the statute does not protect.

If the court accepts that framing, Section 230 falls away and the case proceeds on the merits. If the court rejects it, the case likely ends early, before any evidence is exchanged.

That's why this is the first real fight, and why plaintiffs put the argument in the complaint instead of waiting to brief it later. The Section 230 question decides whether AI companies can be sued at all for what their chatbots produce.

There's some early support for the plaintiffs' position. In Garcia v. Character Technologies, a federal court in Florida refused to dismiss similar claims against Character.AI on Section 230 grounds. It did not treat the chatbot's output as someone else's content. The Northern District of Florida isn't bound by that decision, but it will be cited heavily.

Bottom line for the reader: if Section 230 protects ChatGPT the way it protects Facebook, OpenAI almost certainly wins this case early. If courts instead treat chatbot output as the company's own product, the door opens for a whole category of AI lawsuits to move forward. The Chabba case is one of the first places that question gets asked in court.

Update, October 2026. OpenAI's September 25 motion to dismiss rests on the First Amendment and on Florida tort law. It does not mention Section 230. The family's October 13 response leaves Section 230 out as well. The fight the complaint prepared for has not been joined in this case, at least at the dismissal stage.

Microsoft is named but is not being sued

The complaint repeatedly describes Microsoft as having pushed OpenAI to release products faster, citing reporting about a Microsoft executive losing his temper with an OpenAI employee over delivery timelines. Microsoft has invested billions in OpenAI and holds a substantial stake in it.

Leaving Microsoft off the defendant list is a choice. Adding it would complicate where the case can be heard, widen the evidence-gathering, and slow everything down. Keeping it in the story without suing it gives the family the narrative without the delay. Whether Microsoft gets added later is worth watching.

The Florida investigation became a Florida lawsuit

Florida Attorney General James Uthmeier had previously announced a criminal investigation into OpenAI and ChatGPT related to the same shooting. The complaint quotes him saying that if ChatGPT were a person it would be facing a murder charge. On June 1, 2026 he filed the state's own lawsuit against OpenAI and Sam Altman, the first of its kind brought by any state.

It has its own guide at Florida v. OpenAI. It claims the company misled consumers, was careless, sold a defective product, and created a public nuisance. He has said he expects other states to follow.

An investigation is a set of questions, not a conclusion. Announcing one does not mean anyone did anything wrong, and no criminal charges have been filed. Criminal cases are also harder to win than lawsuits. Prosecutors have to prove their case beyond a reasonable doubt, while a lawsuit only has to show something was more likely than not.

Running a criminal investigation, a state lawsuit, and private lawsuits at once tends to slow all of them down. A company facing possible criminal charges fights harder over what it has to hand over. The full tracker of state action is at States Suing AI Companies.

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What OpenAI says

A company spokesperson, Drew Pusateri, called the shooting a tragedy and said ChatGPT is not responsible for it.

OpenAI has said it trains its models to refuse requests that could meaningfully help someone commit violence. It says it notifies law enforcement when a conversation suggests an imminent and credible risk of harm to others. Mental health experts help it assess the borderline cases.

That statement previews the defense OpenAI is likely to run. It will say its safety practices were reasonable and that the shooter misused a product designed to refuse. It will also say nothing ChatGPT said actually caused the shooting. Whether the records bear that out is the whole fight, and the chat logs Florida law enforcement recovered are where it will be settled.

The other FSU cases: Mall, Askins, Gourley, Morales, and the Leon County suit

When this article was first published in May 2026, the Chabba complaint was the only civil action arising from the FSU shooting. Six more have been filed since, and they are not duplicates of each other. Read together they show plaintiffs' counsel testing different routes to the same defendant.

Mall v. OpenAI and Askins v. OpenAI, Nos. 4:26-cv-00334 and 4:26-cv-00335 (Northern District of Florida, filed July 2026). Elizabeth Mall and Madison Askins were FSU students wounded in the shooting. Each filed her own complaint in the same federal court, and the two complaints are identical apart from the plaintiff's name. Counsel is Morgan & Morgan, with John Morgan and Christian Leger on the filings. They were the second and third cases filed, after Grant and before Gourley.

The complaints name six OpenAI entities and Sam Altman personally, and leave out the shooter. They bring four product liability counts, negligent entrustment, negligent undertaking, and a civil claim of aiding and abetting. They were the first FSU plaintiffs to ask for punitive damages against OpenAI.

OpenAI and Altman moved to dismiss both complaints on October 7, 2026, in one filing. It makes the same arguments as the motion in this case, and adds one more. Altman, it says, cannot be sued in Florida at all. The state's long-arm statute does not reach a corporate officer for decisions made on the company's behalf.

Gourley v. OpenAI Foundation, No. 4:26-cv-00416-RH-MAF (Northern District of Florida, filed August 26, 2026). Reese Gourley, a Pennsylvania resident, was an FSU student at the time of the attack. She filed a 71-page complaint in the same court and division as Chabba. She says she was chased down and shot and suffered life-threatening injuries. The complaint names eleven OpenAI entities. Unlike Chabba, it names neither Sam Altman nor the shooter, whom the complaint does not identify at all. Counsel is Fasig|Brooks in Tallahassee.

The complaint makes more claims than this one: nine to Chabba's eight. It includes the same negligent entrustment claim, plus negligent undertaking and a claim of aiding and abetting a battery. Morales, Mall and Askins later brought aiding and abetting claims of their own.

The main difference is who is suing. Chabba is a wrongful death case brought by an estate. Gourley is an injury case brought by a survivor who is not said to have used ChatGPT. The court therefore has to decide whether OpenAI owed anything to a bystander, a question Chabba does not reach.

The full case guide is on Lawsuit Center: Gourley v. OpenAI, and the filing itself is posted as a PDF.

Morales v. OpenAI Foundation, No. 4:26-cv-00425-MW-MAF (Northern District of Florida, filed August 31, 2026). Roberto Morales was the campus dining administrator killed alongside Chabba. Betty Morales, as personal representative of his estate, filed a 53-page wrongful death complaint in the same court and division. It drew Chief Judge Mark Walker, who is also hearing this case. Counsel are Dean R. LeBoeuf and Ryan B. Hobbs of Brooks LeBoeuf in Tallahassee.

It makes eight claims against six OpenAI entities. They are negligent design, defective design and failure to warn, negligent failure to warn, negligent entrustment, negligent undertaking, aiding and abetting, and Florida wrongful death.

Two choices set it apart. First, it names Sam Altman personally, which neither Chabba nor Gourley does, though Grant had already done so in June. It names him in five counts, on the theory that he directed or approved the deployment decisions at issue. It does not seek punitive damages against him, though it keeps the right to amend. That choice keeps him in the case without starting an early fight under Florida's punitive damages statute (Fla. Stat. § 768.72).

Second, it leaves out the shooter, whom this case names and sues for battery. That choice affects which court can hear it. With the shooter out, no defendant shares the plaintiff's home state of Florida. The case can then stay in federal court on that ground alone (28 U.S.C. § 1332), with no federal-law question needed.

The full case guide is on Lawsuit Center: Morales v. OpenAI, and the filing itself is posted as a PDF.

Grant v. OpenAI, No. 2026 CA 001352 (Leon County Circuit Court, Florida, filed June 25, 2026). Alianna Grant, a Leon County resident and FSU student, was struck by three bullets and survived. Counsel is Judd Rosen of Goldberg & Rosen in Miami. It was the second FSU case filed, six weeks after Chabba. It is the only one of the seven in state court.

Three choices set it apart. It sues five defendants rather than eleven, naming four OpenAI entities and Sam Altman personally. It makes six claims rather than eight or nine: defective design and failure to warn, negligent design, negligent failure to warn, negligence, and aiding and abetting. Before reaching any claims, it opens with a section arguing Section 230 does not apply. It says the outputs at issue were generated by the product in response to the user, rather than hosted from someone else.

It also advances the rushed-to-market theory. OpenAI, it says, shipped the model a day ahead of a competing product launch after cutting its safety review short.

Being in state court is the structural difference. The six federal cases now move together before one judge. Grant sits in a different court system entirely. It is the FSU case least likely to be managed alongside the others, and the one most likely to reach a ruling on its own schedule. The complaint is posted as a PDF.

A sixth federal case, No. 4:26-cv-00459. The consolidated caption lists one more case number, filed after Morales. The filings posted so far do not name its plaintiff. It will be added here once the complaint is available.

Which court each case is in has practical effects. On October 6, 2026, Chief Judge Mark Walker consolidated the six federal cases for case management and discovery under this case's number. One judge now sets the schedule for all of them, and one set of rulings will decide the product-versus-content and First Amendment questions. Each case keeps its own jury trial, to be set by separate order. Grant, in state court, may reach a different answer on the same facts.

The federal complaints also argue against Section 230 in advance. Gourley adds a long argument that ChatGPT's outputs are not speech at all. OpenAI's motions so far have not raised Section 230, so the court may never need to reach it.

Where the case stands

OpenAI moved to dismiss on September 25, 2026. Twelve OpenAI entities, represented by Wilson Sonsini Goodrich & Rosati and Stearns Weaver Miller, asked Chief Judge Walker to throw out every count.

The motion makes four arguments. ChatGPT's answers are information, not a product, so the product counts fail. Florida law imposes no duty to protect a bystander from a third person's crime, so the negligence counts fail. Negligent entrustment does not fit, because ChatGPT is not a physical object handed to a particular person. The First Amendment bars liability for providing truthful, publicly available information.

The motion attached the chat records in a sworn declaration and asked the court to read them. In OpenAI's telling, the exchanges were mostly factual questions, ChatGPT condemned violence, and it suggested the user seek help when he mentioned depression. The page above does not repeat what the records say. Whether the court may consider them at this stage is itself in dispute.

The family answered on October 13, 2026. The 36-page response argues that ChatGPT is a product under Florida law. It says the claims target what OpenAI did, rather than what ChatGPT said. It says OpenAI created a foreseeable zone of risk by design. On entrustment, it argues ChatGPT can be a dangerous instrumentality and that foreseeability is a question for a jury.

The family accepts that the court may look at the logs OpenAI gave to prosecutors. It objects to the declaration and keeps the right to challenge whether the logs are complete.

The court has not ruled. No hearing date has been set. A ruling could come at any time once the briefing closes.

The other federal cases are on the same track. OpenAI moved to dismiss Mall and Askins on October 7. Its consolidated motion to dismiss the other three federal cases, Gourley and Morales among them, is due October 21. The court has set a schedule that runs the cases through discovery together in 2027, with trials to be set separately.

Three things are worth watching beyond that. The first is whether the chat records become part of the public court file, and in what form. The second is whether Microsoft gets added once evidence-gathering starts. The third is whether the state case in Leon County reaches a ruling before the federal court does.

Bottom line

This case is built differently from the Tumbler Ridge lawsuits, and the difference matters. Those cases say OpenAI knew about that specific person beforehand. This one does not. It argues the product was built carelessly, and adds the entrustment claim about letting him keep his account. If it is not settled, it will come down to one question. Do the ordinary rules about dangerous products reach something a machine generates, rather than something a person posted? Our OpenAI lawsuits tracker follows that question across every case.

Sources and further reading

Related reading

If you or someone you know is struggling: In the United States, call or text 988 to reach the Suicide and Crisis Lifeline, available 24 hours a day. You can also reach the Crisis Text Line by texting HOME to 741741. In an immediate emergency, call 911. International resources are available through the International Association for Suicide Prevention at iasp.info/resources.

Affected by harm involving ChatGPT? If you or a family member experienced serious harm following sustained ChatGPT use, you can request a free case review through Lawsuit Center. Reviews are conducted by participating legal professionals and intake partners. Submitting a request does not create an attorney-client relationship.

Request a Case Review →

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