If the response is "This is what the image AI produced from a generic prompt" (if there even is a response), then what? Who do you sue, and how much does THAT cost?
I think there might be a small handful of humans whose visage is so distinctive they can definitely know (or more importantly, prove) an AI image is of them and not a doppelganger. I can't imagine winning this case.
Can't prove a negative. Proving 'it's an image of me' is as easy as holding the image next to your face. Proving 'it's not an image of you, but of a doppelganger' requires proof such a doppelganger exists.