Wrongful Death Linked to Social Media
Compassionate representation for those harmed by dangerous social media platforms
Social media addiction among teens in recent years has become a growing concern. Studies have shown that these online platforms promote addictive behaviors by utilizing mechanisms such as push notifications and autoplay to encourage nonstop scrolling. Features such as shares, comments, and likes can also provide the validation teens are often searching for.
Social media platforms present many issues other than addiction. Cyberbullying, unrealistic expectations surrounding lifestyles, and the amplification of harmful content are associated with mental health issues among youth who are regularly online. There are times when the emotional trauma associated with these sites and apps may contribute to deaths that give rise to wrongful death claims.
How can we help?
- Why choose our social media wrongful death lawyer?
- How are suicide and self-harm connected to social media use?
- How does cyberbullying lead to wrongful death?
- Product liability and negligent design theories
- How do social media platform algorithms amplify harmful content?
- FAQs
- How to find a social media wrongful death lawyer near me
- Call our social media wrongful death lawyer in Washington, D.C. for help today
Why choose our social media wrongful death lawyer?
At Nace Law Group, our attorneys are focused on protecting children and vulnerable individuals. If your family is grieving, you can trust us to help make things right and hold big tech corporations accountable.
Social media litigation is an emerging area of law, but we have the experience and skill to help you navigate it. We understand how high the stakes are in these cases and have the catastrophic injury and wrongful death trial capability to build a strong case against social media platforms. Our elite trial counsel has been involved in precedent-setting cases.
When you need compassionate and knowledgeable legal advice, turn to our platform liability and wrongful death attorneys at Nace Law Group.
How are suicide and self-harm connected to social media use?
There have been numerous studies showing associations between social media use and suicidal thoughts and behaviors, as well as non-suicidal self-injury (NSSI), in youth. As teens spend long periods of time on these platforms, problematic use can occur, as can peer exclusion and cyberbullying. All of these issues are strongly associated with self-harming behavior, including suicide. Additionally, when young people use these websites and apps excessively, they can replace healthy habits such as face-to-face interactions and sleep, which can negatively impact mental health.
Lastly, when teenagers are frequently exposed to harmful images, including non-suicidal self-injury (NSSI) such as cutting, the risk of them hurting themselves increases considerably.
How does cyberbullying lead to wrongful death?
Cyberbullying refers to relentless online shaming, harassment, or threats, and is associated with an increased risk of self-harm and suicidal behavior among adolescents. Online bullying removes the safety of a teen’s home, as it does not end on school grounds as traditional bullying does. Not only can it be constant, but it can also be public, causing increased shame, and it can be anonymous, making it difficult to hold responsible parties accountable.
Harassment, non-consensual sharing of explicit images, rampant rumors, and other types of cyberbullying can also induce severe isolation, anxiety, and depression. These can all lead teens to commit self-harm.
If cyberbullying has resulted in tragedy for your family, our wrongful death attorneys can advise on your case.
Product liability and negligent design theories
Today, families of victims attempt to use theories related to product liability law and negligence to hold social media companies liable for wrongful death.
One of the concepts under this area of law is that a product’s design is defective, and surviving loved ones are starting to argue that this is the case for online platforms. When a product’s design is defective, it may mean it poses unreasonable risks under a risk-utility analysis. Plaintiffs today are asserting that features such as recommendation engines, push notifications, and infinite scrolling produce profits that corporations place over the well-being of users.
Another element of product liability law is that companies have a legal obligation to warn consumers of the dangers of their product. Family members of victims often argue that users, as well as their parents, should be told of the mental health risks in vulnerable demographics. To prove this element of a case, you must show that the platform knew, or should have known, of the dangers posed to teens.
Historically, Section 230 of the Communications Decency Act has protected social media platforms from many claims seeking to hold them liable as the publisher or speaker of third-party content. While this protection remains in effect, some plaintiffs have been allowed to proceed with product-design or failure-to-warn claims that do not depend on treating the platform as the publisher or speaker of third-party content.
Proving that an algorithm was the direct cause of a wrongful death is extremely difficult. Our attorneys can help you overcome the unique challenges these cases present to build the strongest case for you and your family.
How do social media platforms’ algorithms amplify harmful content?
Social media algorithms amplify harmful content mainly by placing a focus on user engagement, such as shares, likes, clicks, and watch time, to measure success. These algorithms cause people to spend more time on a platform, ultimately boosting the company’s profits, even if it causes harm to the user.
Algorithms generally prioritize content that evokes a strong emotion such as fear, anger, or moral outrage, because it leads to high engagement. Algorithms also continuously monitor the behavior of users. For example, if someone likes a controversial post or stops scrolling to view it in its entirety, their feed may show them more similar content.
Online platforms also use recommendation engines that can increase exposure to content that aligns with a user’s existing interests or views. Over time, this may narrow their perspective and, in some cases, contribute to radicalization.
All of these alleged harms may contribute to deaths that give rise to wrongful death claims. Teens may place themselves in dangerous situations or repeatedly watch content linked to self-harm and suicide. Our wrongful death lawyer knows how a defective design contributes to a fatality. Contact us for the legal advice you need.
FAQs
What damages are available in wrongful death claims?
The compensation in wrongful death cases is meant to cover the losses sustained by loved ones after a person dies due to someone else’s negligence. The damages often include funeral and burial expenses and the loss of household services.
What evidence is needed in these cases?
To prove that an algorithm was defective, or that a social media platform was negligent, you need strong evidence. This may include:
- Algorithm and usage data showing the extent of the teen’s exposure to harmful or addictive content.
- Internal emails, whistleblower disclosures, and other internal company documents proving the platform was aware that the design of the platform posed foreseeable risks to users and that the corporation did not implement proper safeguards.
- Medical and mental health records linking usage of the platform to the psychological state of the deceased, such as an eating disorder or severe depression.
- Expert testimony from digital forensic experts, mental health professionals, and technologists showing how the algorithms of an online platform triggered the fatal act.
Can wrongful death claims involve child victims?
Wrongful death claims in Washington, D.C. can involve child victims if the fatality was caused by someone else’s wrongdoing or negligence.
How do social media platforms defend these lawsuits?
There are many defenses technology companies use to defend against wrongful death lawsuits. Primarily, they use Section 230 of the Communications Decency Act to argue that they cannot be held liable as the publisher or speaker of third-party content posted by users on their platforms.
Although the Act is still in effect, surviving family members often now turn to product liability theories to hold online platforms responsible. Companies argue that the features plaintiffs blame are protected under the First Amendment. They also argue that their algorithms do not meet the legal definition of a ‘defective product.’
Perhaps one of the most frustrating defenses used by tech corporations is that the victim or their family is to blame. They often allege that parents did not provide enough supervision, or that it was the personal choice of the victim to spend as much time as they did on the platform. They also often focus on the reporting systems, safety controls, and parental monitoring tools provided by their sites or apps, even though in reality these are often weak and ineffective.
What should families do after a wrongful death linked to social media?
If your family is grieving a wrongful death due to social media, there are several steps to take. These include:
- Preserve all messages, comments, or screenshots of harmful content.
- Save all usernames, timestamps, dates, and URLs associated with harmful interactions.
- If the cause of death involved harassment, extortion, or another crime, contact the police to file a report.
- Call a Washington, D.C. social media wrongful death lawyer.
How to find a social media wrongful death lawyer near me
At Nace Law Group, our attorneys have a deep understanding of the harm caused by online platforms, and we are committed to helping families hold big tech companies accountable. We are located at 1025 Thomas Jefferson Street, NW in Washington, D.C., near The Washington Harbour in Georgetown. We provide consultations in-office or over the phone, or we will meet you wherever is convenient.
Call our social media wrongful death lawyer in Washington, D.C. for help today
If you have lost someone you love, our Washington, D.C. social media wrongful death lawyer at Nace Law Group can provide the sound legal advice and the strong trial representation you need. Call us today or contact us online to schedule a consultation and to learn more about how we can help with your case.