Who Is Eligible to File a Social Media Addiction Lawsuit?

Video Transcript

That is part of when you call in — the initial assessment will be: are you eligible? It does vary a bit, but typically your child will need to have used social media platforms or generative AI character platforms, right? So Poly AI, some big tech-based platform, and there will need to be harms coming from those.

We typically do not represent kids over a certain age, and there’s a number of reasons for that, including when you’re dealing with minors there are typically different sets of rules that govern when you can enter into contracts, how enforceable those are, and also vulnerabilities, right?

So typically, the frontal lobe stops developing around age 24, 25. So prior to that age, for folks who were using these platforms, particularly before 18, there are more vulnerabilities. And so we often see that reflected in the degree of harms — not to say that adults aren’t harmed, because they are, but there are differences in degree often, or the numbers of people even by age range within that field.

So it also, you know, in the case of a child that has died, those factors will typically be sufficient. Unfortunately, with ongoing harms, we do require some sort of medical treatment, and it doesn’t have to be formal. It could be a school counselor, hospitalization, you know, pediatrician visits — just something to help us look.

Because the reality is, if you ask almost anyone, “Is social media harmful?” we’ve all felt like, man, I should have been asleep, I shouldn’t have been scrolling on Facebook, I shouldn’t have checked my phone so many times today. We just, from a legal perspective, need to be able to show some sort of verifiable harm.

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Laura Marquez-Garrett (they/them), Attorney, SMVLC