This chapter examines the collision between generative AI (GenAI) and traditional tort law, specifically with respect to negligence and product liability. It presents the legal dilemma of who is accountable when probabilistic, “black-box” algorithms cause harm. Courts struggle to apply concepts like duty of care and causation to nondeterministic systems. The discussion contrasts negligence, which focuses on a “reasonably prudent developer,” with strict liability, which is limited by whether GenAI is defined as a “product” or a “service.” Key legal frameworks explored include the Learned Hand formula (B < PL) and the “cheapest cost avoider” approach. Ultimately, the chapter argues that courts must evolve past rigid tests, prioritizing functional analysis and expanded developer accountability to deter wrongdoing and prevent catastrophic risks.