Social Media Firms Navigate Product Liability Claims

Bloomberg Law | September.28.2022

Orrick’s Bill Oxley, Meghan Kelly and Danny Barefoot co-authored an article in Bloomberg Law on the growing number of lawsuits that are using product liability claims against social media companies to bypass the immunity of Section 230 of the Communications Decency Act.

The authors explain that “by targeting companies as product makers rather than publishers, plaintiffs hope this new approach will provide a path under traditional products liability laws to proceed with scores of cases that would dramatically alter the relationship between users and platforms.” They warn that, “while this initial litigation has focused on prominent companies, if successful, other smaller companies are likely to see similar litigation. Online gaming platforms and gambling sites could be particularly vulnerable to these product liability lawsuits.”