California SB 53: AI Interpretation Wake-Up Call
The Hidden Cost of AI: What California’s SB 53 Means for Language Access and Liability
In October 2023, California passed Senate Bill 53 (SB 53), a landmark law that increases oversight of automated decision tools, including AI-powered interpretation and translation software. Most discussion has focused on hiring tools and bias, but the law has serious implications for language access services, legal translation, and global communication in courts, hospitals, and government agencies.
So what exactly changes under SB 53, and why should attorneys, healthcare providers, and agencies think twice before relying on AI for interpretation?
Liability Was Already Possible, but SB 53 Raises the Stakes
Under existing tort law, a person or institution could already be held liable for harm caused by inaccurate interpretation. If a patient consents to a medical procedure without fully understanding the risks, or a defendant agrees to a plea deal based on misunderstood language, that opens the door to malpractice or negligence claims.
SB 53 doesn’t rewrite that rule. It extends it in three important ways.
1. A New Duty: Risk Assessment for AI Tools
SB 53 requires companies to perform risk assessments before using AI tools in sensitive settings. In plain terms, if you choose an AI interpreter instead of a certified human, you must review and record the potential risks in advance.
If something goes wrong and you skipped that step, the lack of an assessment can count against you in court or during a regulatory review. It is no longer just about whether harm occurred, but whether you evaluated and justified the risk before using AI. That requirement alone increases administrative and legal costs. Once you add that burden, certified human interpreters or professional translation services often become the smarter, more affordable choice.
2. Increased Regulatory Exposure
SB 53 allows civil penalties and state action against organizations that misuse or fail to evaluate AI tools. Even if no lawsuit follows, a hospital or law firm could still face fines or audits for bypassing the required review.
3. Even Accurate AI Tools May Be Legally Risky
This is the quiet but major shift. Under SB 53, liability does not depend only on whether the AI made an error.
If you use AI in a setting that expects human-level precision and neutrality, such as a deposition or a medical exam, you can still face consequences simply for choosing a tool that cannot meet those expectations. The question is no longer “Did the AI cause harm?” It becomes “Was AI appropriate to use at all?” That is a higher and harder standard to defend.
Why This Matters for Language Services
Professional interpreters and certified translators follow strict ethical codes. They are trained to stay impartial, work under pressure, interpret verbatim, and handle cultural nuance without bias.
AI tools, no matter how advanced, are not built for that. They do not ask for clarification, adjust tone, or manage ambiguity. They cannot take an oath or promise neutrality. SB 53 makes that gap clear. If you replace trained professionals with AI, you must prove that the substitution is safe. You will also be held responsible if it is not.
The Administrative Cost Shift: AI Isn’t “Free” Anymore
AI tools often look cheaper on paper, but SB 53 changes that math. Risk assessments, compliance paperwork, potential audits, and legal reviews now come with the territory. These hidden costs can quickly erase any savings.
Working with a certified human interpreter avoids those burdens. You hire a vetted professional who already meets the required legal and ethical standards. For law firms, hospitals, and government agencies, that usually means lower total cost and lower risk.
Bottom Line
SB 53 does not ban AI interpretation tools, but it changes the rules. It shifts the burden onto users to prove that their use of AI is safe and appropriate. In high-stakes situations, that is a tough standard to meet. Many organizations will return to what has always worked: real interpreters with training, ethics, and accountability.
When language is the lifeline, accuracy and responsibility still matter.
CEO & Founder
Born in Dallas, Texas, Alexandra grew up surrounded by Spanish, English, Arabic, and Italian. After moving to Venezuela, Spanish became her primary language. She holds a Master's in Healthcare Administration from Washington University in St. Louis and is a California court certified and medical interpreter.
She founded Kaplan Interpreting Services after seeing an industry that treated interpreters as interchangeable and clients as ticket numbers. She built a protocol-driven operation where every interpreter is hand-selected and credentialed for the specific setting, every client has a dedicated point of contact, and risk management is built into every assignment.
Her career reached a historic milestone when she interpreted the conversation between President-elect Biden and Pope Francis. That assignment, along with engagements for Nike and the Summit of the Americas, set the standard for every client engagement that followed.
"The same protocols that protected that historic conversation now protect every assignment we handle."