Most recent EU and US proposals on the governance of artificial intelligence (AI) focus on ex ante regulation to reduce the risks of AI and enhance AI’s innovation. President Biden’s Executive Order from October 30, 2023 builds upon a principles-based approach in which federal agencies should establish AI policies. On December 8, 2023, the EU took pioneering steps to regulate AI applications with a provisional agreement about the AI Act. One of the most pressing concerns to keep in mind is that it may still be too early for regulators to determine exactly how AI will be used. From a civil liability perspective, the effects of such conventional regulatory ex ante requirements for the civil liability standard of AI are particularly relevant. In other words, the impact of current regulatory AI initiatives on civil liability ought to be assessed. In general, the standards of liability law shall not be tied to ex ante regulatory standards initiated by governments such as the AI Act. Civil liability may require a standard for an AI application that is higher than that of a safety regulation, or it may require a standard that is lower.