The rise of social media has brought us new forms of entertainment and connection. But alongside the fun trends and dances, a new kind of risk has emerged: viral challenges. These online dares can sometimes lead to serious injuries, and in some cases, legal consequences. If you or someone you know has been hurt attempting a TikTok challenge, you might be wondering where you stand legally. Here at Shaumyan & Derbarseghian, LLP, we’ll help you understand the potential for personal injury cases arising from viral challenges.
Understanding Personal Injury Law
To have a personal injury case, you’d typically need to show:
- Duty of Care: The other party had a responsibility to act in a reasonable way to avoid causing harm.
- Breach of Duty: The other party failed to uphold their duty of care.
- Causation: The other party’s breach of duty directly caused your injury.
- Damages: You suffered harm, such as medical bills, lost wages, or pain and suffering.
Can a TikTok Challenge Be Considered Negligence?
Applying these principles to viral challenges can get complicated. While creators might not explicitly pressure viewers to participate, the inherent allure of going viral can lead some to attempt dangerous stunts. In some cases, the challenge itself might be inherently dangerous, or the way it’s presented could encourage reckless behavior.
Here are some factors that might increase the possibility of a personal injury case:
- Age of the Target Audience: Challenges targeting minors raise a higher bar of responsibility, as children are more susceptible to peer pressure and might not grasp the full risks involved.
- The Challenge’s Inherent Danger: Challenges that involve obvious risks of harm, like using dangerous objects or attempting physically demanding feats without proper training, could be seen as inherently negligent.
- Encouragement of Reckless Behavior: If the challenge is presented in a way that incites viewers to take unnecessary risks, it could be considered a breach of duty.
What to Do If You’re Injured by a TikTok Challenge
- Seek Medical Attention: Your health is the top priority. Get a medical evaluation and document your injuries.
- Gather Evidence: Keep screenshots or recordings of the challenge, and any communications with the creator if possible.
- Consult an Attorney: An experienced personal injury lawyer can assess your situation and advise you on your legal options.
The Importance of Online Safety
While social media can be a fun way to connect and entertain yourself, it’s important to be mindful of the potential risks. Here are some safety tips to consider:
- Be Skeptical of Challenges: Don’t feel pressured to participate in something that seems dangerous or out of your comfort zone.
- Understand the Risks: Research any challenge before attempting it, and be aware of the potential consequences.
- Report Harmful Content: If you see a challenge that you believe could be dangerous, report it to the platform.
Helpful Links:
- U.S. Consumer Product Safety Commission (CPSC): Provides safety tips and reports on dangerous trends.
- TikTok Safety Center: While it focuses on platform safety, it offers insights into their approach to content moderation.
Can Someone Be Compensated for a TikTok Challenge Injury?
Maybe. The possibility of compensation in a TikTok challenge injury depends on establishing a personal injury case. Here’s why it’s complex:
- Proving Negligence: It can be difficult to prove the challenge creator owed a duty of care or directly caused the injury.
- User Responsibility: Users ultimately choose to participate, and inherent risks might be present.
However, there have been lawsuits filed against:
- Challenge Creators: If the challenge is inherently dangerous or encourages reckless behavior, especially targeting minors.
- Other Participants: In cases like the “Skullbreaker Challenge,” where participants intentionally cause harm.
- Social Media Platforms: Some argue platforms have a responsibility to moderate dangerous content.
Who is Responsible?
Determining who’s responsible depends on the specific circumstances. Here are some possibilities:
- The Injured Person: Unfortunately, if the challenge was obviously dangerous and the user chose to participate without proper caution, they might bear some responsibility.
- The Challenge Creator: If the challenge is inherently risky or presented in a way that incites reckless behavior, especially targeting children, the creator could be held liable.
- Other Participants: Those who intentionally harm others during a challenge can be held responsible.
- Social Media Platforms: While not always the case, there could be arguments for platform responsibility if they don’t adequately moderate dangerous content.
The Importance of Consulting a Lawyer
The legal landscape surrounding TikTok challenges is evolving. An experienced personal injury lawyer can analyze your specific situation and assess the potential for pursuing compensation. They can help determine:
- Strength of the Case: Whether there’s enough evidence to establish negligence and cause of injury.
- Who May Be Liable: Identifying potential defendants based on the situation.
- Potential Damages: Medical expenses, lost wages, and pain and suffering that can be claimed.
