Social Media Company Liability for User Suicide

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

In past episodes we have discussed how social media account information posted by either party in a lawsuit can be used against that party at trial.

In this episode we discuss the hazards social media can present to teenagers and young children. Things posted can lead to online bullying, and other embarrassing circumstances that have in some reported situation lead a young person to harm themselves.

Many of the social media apps have been found to lead to addiction. Psychological harm has been associated with the addictive nature of the notification signals built into social media applications. People spend time online hoping that someone likes their post or will repost their post.

The problem has become so serious that cell phone operating system providers have started to allow ways a user can restrict the time available to access a social media account. Further most operating systems offer the ability for parents to block social media account access entirely.

Should a social media company be held liable under the law if someone loses their life or is injured as a result of a negative social media post?

Sophisticated formulas used by the online platforms are geared to sending the user a steady stream of tailored content. The algorithms can trigger compulsive behavior, they can lead a user to experience a lack of focus, depression, anxiety, suicidal thoughts, inability to sleep, and body dysmorphia. While social media platforms can be harmful to teens and those younger, there are reports of adults becoming addicted as well.

Can companies that create social media platforms be sued if someone loses their life as a result of the social media platform itself or others using the platform in a nefarious manner?

These questions are cutting edge. There have not been enough reported legal decisions to permit a definitive answer to that question.

But sooner or later a child’s wrongful death will be factually linked to gross negligence, or a violation of consumer protection laws, on the part of a social media provider. We would guess that a cause of action for negligent infliction of emotional distress would best fit the type of wrongful conduct in question. We discussed this particular tort in an earlier podcast episode.

What if a social media company engages in fraud, or fraudulently conceals information from a parent trying to supervise a child to prevent the child from engaging in harmful conduct?

There are certainly consumer fraud statutes that may provide a remedy is such situations.

Support for arguments against a social media company might be found in position statements published by the US Surgeon General. Studies commissioned by the US Surgeon General report on how mental health is affected by addictive apps. One study discusses kids, teens, and young adults and mental illness brought on by digital technologies.

This study suggests that parents:

• Be aware of the devices and content that a child accesses.
• Examine whether the child is getting something meaningful and constructive out of content they are looking at, creating, or sharing?
• Focus a child toward healthier ways to engage online, such as searching for meal recipes to make with a parent, researching options for a family outing, video chatting with a relative, investigating family history.
• Consider if their child has a mental health condition that might make them react more strongly to certain kinds of stressful or emotional content.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”