American Tort Reform Association highlights new liability theory against social media

The American Tort Reform Association (ATRA) has announced that a New York court has allowed a new theory of liability against social media to proceed following a tragic viral challenge. The announcement was made on X.

According to the ATRA’s Judicial Hellholes blog, the New York Supreme Court for Nassau County permitted a lawsuit to continue that asserts a novel theory of liability against social media companies TikTok and Instagram. This follows an incident involving a tragic viral challenge. The court declined to dismiss product liability and negligence claims, allowing the case to advance on the premise that the platforms’ designs and algorithms contributed to the harm. This development marks a departure from previous decisions typically relying on Section 230 of the Communications Decency Act, which has shielded social media companies from such lawsuits, as explained by the Judicial Hellholes blog.

The blog further details that the lawsuit accuses TikTok and Instagram of failing to protect users from dangerous viral content, arguing that their algorithms actively promoted the challenge. This approach is significant because it targets core design features of the platforms rather than just user-uploaded content, which has been the historical focus of similar cases. ATRA notes that this case could set a precedent by broadening circumstances under which technology companies could face liability for third-party actions facilitated by their services.

According to ATRA, the decision to let the case proceed has garnered attention among legal experts and technology policy analysts. The Judicial Hellholes blog explains that if successful, this lawsuit could lead to similar legal actions targeting social media companies over their algorithms and design choices, challenging long-standing interpretations of legal immunity. The Association underscores broader implications, warning of increased litigation risk for online platforms if courts in other jurisdictions adopt this legal reasoning.

The American Tort Reform Association is described as a nonprofit advocacy group dedicated to advancing civil justice reform in the United States. It publishes an annual Judicial Hellholes report analyzing trends in state and federal courts and highlighting jurisdictions with perceived excesses in civil litigation. The organization also promotes policy solutions aimed at reducing lawsuit abuse and fostering fairness in the legal system.