Parents of a 10-year-old who died after attempting to participate in a "blackout challenge" seen on TikTok filed a wrongful death lawsuit citing TikTok should have known their platform was directing children to harmful content.

The Case: Anderson v. TikTok Inc

The Court: US District Court, Eastern District of Pennsylvania (Philadelphia)

The Case No.: 22-cv-01849

The Plaintiff: Anderson v. TikTok Inc

In 2021, a ten-year-old was found hanging from a purse strap in a closet of her Pennsylvania home. Following her child's death, the mother filed a wrongful death lawsuit alleging that TikTok recommended the "blackout challenge" video to the child on her TikTok account's "For You Page."

The Defendant: Anderson v. TikTok Inc

Versions of the Blackout Challenge have been posted across various platforms encouraging viewers to record themselves choking to the point of passing out. The "challenge" has been blamed for the deaths of multiple children in recent years, with additional wrongful death lawsuits with similar allegations against TikTok pending in federal courts in Oakland and Los Angeles.

The Case: Anderson v. TikTok Inc

The judge ruled that TikTok was not liable for the child's death who watched a blackout challenge video. According to US District Judge Paul Diamond's ruling, even if TikTok recommended the video on the child's For You Page, federal law shielded TikTok from liability in Nylah Anderson's death. Judge Diamond said TikTok couldn't be sued for wrongful death due to sharing a blackout challenge video on their platform because promoting a video to a user is shielded from liability under Section 230 of the federal Communications Decency Act. Section 230 was added to the 1996 law to protect online content providers from being buried under massive litigation due to user-posted content shared on their online platforms. The plaintiffs disagreed with the judge's interpretation of Section 230, arguing that it was not intended to allow social platforms to send dangerous content to children. The Andersons intend to continue advocating for increased protection for children from the dangers presented by the social media industry.

If you have questions about filing a California wrongful death lawsuit, don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.