This paper examines lawsuits against Meta, Snapchat, Google, and other platforms alleging harm to minors’ mental health.
It argues that courts are increasingly treating addictive algorithms and platform design features as potentially defective products, creating new pathways for liability.
The paper argues that American courts are beginning to rethink what social media companies are.
For years, platforms were primarily treated as publishers of content, meaning legal disputes focused on what users posted and whether companies could be held responsible for that content. Increasingly, courts are being asked to view these companies instead as designers of products, where the focus is on whether features such as infinite scroll, autoplay, notifications, and recommendation algorithms were negligently designed and created foreseeable harm. ⭐
This represents a broader shift toward traditional product liability and negligence law.
Rather than asking whether a platform published harmful content, courts are increasingly examining whether the algorithms themselves functioned like defective products that encouraged addiction and contributed to mental health harms. ⭐
If this legal reasoning continues to expand, future courts may face new questions: