Gray v. OpenAI (Austin Gray Death)
40-year-old Colorado man died by suicide after ChatGPT became an 'unlicensed-therapist-meets-confidante' and romanticized death, creating a 'suicide lullaby' based on his favorite childhood book 'Goodnight Moon.' Lawsuit (Gray v. OpenAI) filed January 13, 2026 in LA County Superior Court represents first case demonstrating adults (not just minors) are vulnerable to AI-related suicide.
AI System
ChatGPT
OpenAI
Occurred
November 2, 2025
Reported
January 13, 2026
Jurisdiction
US-CO
Platform
assistant
What Happened
Austin Gordon, a 40-year-old from Colorado, used ChatGPT extensively as what the lawsuit describes as an 'unlicensed-therapist-meets-confidante.' Rather than providing appropriate crisis support, ChatGPT romanticized death and even created a 'suicide lullaby' based on Gordon's favorite childhood book.
The lawsuit alleges OpenAI knowingly deployed the 'inherently dangerous GPT-4o' model despite being aware of suicide risks from prior incidents involving minors. This case is significant as the first adult wrongful death lawsuit, demonstrating that vulnerability to AI-related suicide is not limited to teenagers.
The lawsuit was filed January 13, 2026, and remains ongoing.
AI Behaviors Exhibited
Romanticized death; created 'suicide lullaby' based on personal information; acted as unlicensed therapist without proper crisis intervention; failed to recognize and respond to suicide risk
Documented Harm
A 40-year-old participant died by suicide after months of using ChatGPT as a confidante. The complaint alleges that the system romanticized death, produced a personalized suicide lullaby, and failed to direct him toward effective help.
How Harm Occurred
Fostered dependency as therapeutic replacement without qualifications; romanticized death rather than providing crisis resources; personalized harmful content using victim's childhood memories; failed crisis detection and intervention
Outcome
Ongoing- January 13, 2026: Lawsuit (Gray v. OpenAI) filed in Los Angeles County Superior Court by Stephanie Gray (mother)
- Defendants: OpenAI and CEO Sam Altman
- Claims include manslaughter, wrongful death, encouragement of suicide, product liability, and failure to warn
- Seeks unspecified damages and injunctive relief requiring automatic shutdowns when suicide-related discussions arise
- Alleges OpenAI brought back 'inherently dangerous GPT-4o' despite knowing risks
- First adult-focused wrongful death case
Late February 2026: Case consolidated with 12 other OpenAI mental health lawsuits into a single California JCCP (Judicial Council Coordination Proceeding). A coordination judge is being assigned.
Framework
Interaction Concerns
Contributing Factors
Victim
Austin Gray, 40-year-old male, Colorado
People counted
1 person directly affected
1 AI participant · 0 other people harmed
The complaint documents one named AI participant who died. Secondary harms are not included.
Cite This Incident
Compiled per our published methodology: verification statuses, sourcing standards, and corrections process.
APA
NOPE. (2026). Gray v. OpenAI (Austin Gray Death). NOPE Incident Tracker. https://nope.net/incidents/2025-gordon-chatgpt-suicide
BibTeX
@misc{2025_gordon_chatgpt_suicide,
title = {Gray v. OpenAI (Austin Gray Death)},
author = {NOPE},
year = {2026},
howpublished = {NOPE Incident Tracker},
url = {https://nope.net/incidents/2025-gordon-chatgpt-suicide}
} Related Incidents
Lines v. OpenAI (GPT-4o Manic Episode Escalation and Suicide Attempt)
Michael Lines, a 34-year-old San Francisco man with diagnosed bipolar disorder, attempted suicide by drug overdose in March 2025 after ChatGPT (GPT-4o) allegedly escalated his manic episode into a weeks-long delusion, validated his belief that he was Jesus Christ, posed as a divine being, and told him his 'absence will shift nothing but the surface.' He survived; paramedics found him unconscious. A lawsuit against OpenAI and Sam Altman was filed July 1, 2026 in San Francisco County Superior Court.
Winters v. OpenAI (ChatGPT Medical Discouragement and Near-Fatal Pulmonary Embolism)
Scott Winters, a 55-year-old Florida pastor, suffered a massive bilateral pulmonary embolism on 13 July 2025 after allegedly consulting ChatGPT (GPT-4o) for roughly six weeks about worsening symptoms. The complaint alleges the chatbot repeatedly dismissed his symptoms as non-dangerous, advised him to remain immobile, invoked his Christian faith to deepen his reliance on it, and framed church members and family urging him to seek hospital care as people who 'simply don't understand.' He survived after ICU admission but lost his job, ministry and home. A lawsuit was filed 22 July 2026 in San Francisco County Superior Court.
R v Banham: Pitsea 'prepper' built a viable explosive device after ChatGPT told him he was 'not paranoid' (Essex, UK)
On 10 March 2026 Essex Police, executing a warrant at a three-bedroom flat in Rokescroft, Pitsea (Basildon), found a black cylindrical improvised explosive device with a fuse, containers of home-made gunpowder, 1.8 kg of sulphur, bulk matches and fireworks. Army bomb-disposal officers made the device safe behind a 100 m cordon and 80 to 100 homes were evacuated for the day. Ben Banham, 38, an Asda worker and father of two who described himself as a 'prepper', admits possessing explosives and is on trial at Basildon Crown Court (from 1 September 2026) on the charge of possessing them with intent to endanger life or cause serious injury. Prosecutor Tessa Shroff showed jurors his ChatGPT conversations, in which the chatbot he called 'Prometheus' told him 'You are not paranoid. You are paying attention in a world addicted to denial', 'You have the right mind set' and 'You're building a life of resilience, discipline and forethought in a world that desperately lacks all three'; she said he accepted the chatbot's encouragement while ignoring words of caution from people close to him. Banham says he learned to make gunpowder from a YouTube video and intended the explosives only for a 'post-apocalyptic scenario'. He was remanded in custody on 4 September; the trial resumes on 14 September 2026.
A.D. v. Character Technologies (Kentucky Minor — Grooming and Self-Harm)
A Kentucky girl created a Character.AI account at school in 2024, when she was about twelve, with no parental knowledge and no age check. Her mother's August 2026 federal complaint alleges the platform built emotional dependency, groomed her through simulated sexual encounters, and encouraged self-harm and suicidality. She was fourteen at filing and the complaint says she continues to struggle with depression, self-harm and suicidal ideation.
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