Can I Sue TikTok For My Child’s Injury After a TikTok Challenge?

In recent years, social media platforms like TikTok have become breeding grounds for viral challenges, some of which can be dangerous or even life-threatening. The platform’s rapid-fire content delivery, addictive nature, and algorithm-driven recommendations have created an environment where trends can spread like wildfire, often outpacing parental awareness and platform moderation efforts. As a parent, you may be increasingly concerned about the content your child is exposed to and potentially participating in. If the unthinkable happens and your child is injured while participating in a TikTok challenge, you may wonder about your legal options.

The Rise of Dangerous Social Media Challenges

Social media challenges have dramatically evolved from harmless fun to potentially deadly stunts. This transformation reflects the broader shifts in social media culture, where the quest for viral fame and digital approval can override common sense and safety concerns. Recent examples that have caused alarm among parents, educators, and health professionals include:

• The “Blackout Challenge,” which tragically resulted in the deaths of several young children. This challenge encourages participants to choke themselves or others to the point of unconsciousness, ostensibly to experience a brief euphoric state. The dangers of oxygen deprivation and the risk of accidental death are severe.
• The “Coronavirus Challenge ” emerged during the early stages of the COVID-19 pandemic. Participants were dared to lick public surfaces, directly contradicting public health advice and potentially spreading the virus.
• The “Benadryl Challenge” promotes overconsumption of the over-the-counter allergy medication diphenhydramine. This challenge exploits the drug’s potential to cause hallucinations in high doses but can lead to severe health complications, including heart problems and seizures.
• The “Skull Breaker Challenge,” a coordinated prank where two individuals trick a third into jumping and then sweep their legs out from under them. This challenge has resulted in numerous injuries, including concussions and fractures.

These challenges exploit several aspects of adolescent psychology, including impulsivity, the desire for peer approval and attention, and the fear of missing out (FOMO) on trending content. The allure of viral fame and the potential for thousands of likes and follows often overshadows consideration of potential consequences, especially for younger users who may need to grasp the risks involved fully.

Legal Hurdles in Suing TikTok

While some parents have taken the step of filing lawsuits against TikTok for wrongful death or injuries resulting from challenges promoted on the platform, winning such cases is fraught with legal complications:

Section 230 Protection

TikTok, like other social media platforms, is shielded by Section 230 of the Communications Decency Act. This federal law generally protects online platforms from liability for content posted by their users. This protection promotes free online speech and prevents platforms from being bogged down by endless lawsuits over user-generated content. However, this protection also makes it challenging for parents to hold platforms accountable for harmful content.

Content Creation

TikTok doesn’t directly create the challenge videos that circulate on its platform. Instead, these are user-generated and spread through sharing and algorithmic promotion. This separation between the platform and the content makes it harder to assign direct responsibility to TikTok for the outcomes of these challenges. Courts have generally been reluctant to hold platforms responsible for users’ interaction with their service.

Algorithm Concerns

Some recent lawsuits have taken a different approach, focusing on TikTok’s algorithm and how it promotes user content. These cases argue that TikTok’s recommendation system knowingly pushes dangerous content to vulnerable users, particularly children. This is a developing area of law, and it remains to be seen how courts will interpret platform liability in the context of algorithmic content promotion.

Proving Causation

One of the biggest hurdles in any lawsuit against TikTok would be establishing a direct causal link between TikTok’s actions (or inactions) and a specific injury. This would require demonstrating that TikTok had a duty to prevent the harm, that they failed in this duty, and that this failure directly led to the injury. Given the many factors involved in how users interact with social media, this can be a significant challenge.

Alternative Legal Avenues

While using TikTok directly may present significant obstacles, there may be other parties who could potentially be held liable in certain circumstances:

• Schools or organizations where the challenge occurred: If a challenge-related injury happens on school grounds or during a school-sponsored event, the school might bear some responsibility, especially if they failed to supervise students or respond to known risks adequately.
• Other participants who encouraged or facilitated the challenge: In some cases, it might be possible to hold other individuals accountable, particularly if they actively encouraged or pressured someone to participate in a dangerous challenge.
• Parents or guardians of other involved minors: Depending on the circumstances and local laws, parents of children who initiate or promote dangerous challenges might face some liability, especially if they were aware of their child’s actions and failed to intervene.

These alternative avenues for legal action underscore the importance of considering all factors and parties involved in a challenge-related injury, not just the platform where the challenge originated.

Protecting Your Child from Dangerous TikTok Challenges

Parents can safeguard their children against potentially harmful TikTok challenges by fostering open communication about online experiences and safety. Creating an environment where children feel comfortable discussing internet trends and seeking guidance is critical. Implementing parental controls on devices and social media platforms can help restrict access to risky content.

While supervising online activity, parents can stay informed about popular apps and trends among young users. Encouraging participation in safe, constructive activities that satisfy the desire for social engagement and creativity can provide positive alternatives to online challenges. By taking these proactive steps, parents can help their children develop critical thinking skills and make informed decisions about their online interactions.

Seeking Legal Advice

If, despite your best efforts, your child has been injured due to a social media challenge, consult with a personal injury attorney experienced in digital media cases. An attorney can help you:

• Assess the viability of potential legal action: They can evaluate the specifics of your case and determine if there are grounds for a lawsuit against TikTok, other individuals, or organizations.
• Identify liable parties: An experienced attorney can help pinpoint all potentially responsible parties, which may extend beyond just the social media platform.
• Online content and platform liability: Given the evolving nature of social media laws, you’ll need an attorney who stays current with the latest legal developments in this area.
• Pursue compensation for medical expenses, pain, and suffering: If legal action is viable, your attorney can work to ensure you receive appropriate compensation for the harm your child has suffered.

While the regulatory environment surrounding social media challenges continues to evolve, with new precedents and laws being considered, parental vigilance and open communication with your children about online safety remains the best defense. You can help mitigate the risks associated with dangerous social media trends and challenges by staying informed, involved, and proactive.

If your child has been injured in a social media challenge, talk to the personal injury lawyers at Munley Law.