The plaintiffs’ attorney who sued TikTok last month for the wrongful death of two young girls is alleging that the social media platform intentionally directs users to dangerous content, such as “TikTok Challenges.”
“TikTok has designed an unreasonably dangerous product that exposes, connects, and encourages children to choke themselves,” said Matthew P. Bergman, founding attorney of the Social Media Victims Law Center (SMVLC). “TikTok has many challenges and many of them actively promoted dangerous self-harm, law-breaking, and other dangerous and reckless activities.”
Bergman filed a lawsuit against TiktTok in Los Angeles County Superior Court on behalf of the parents of 8-year-old Lalani Erika Walton and 9-year-old Arriani Jaileen Arroyo who both died after participating in a contest in which they were incentivized to choke themselves into unconsciousness.
“How is it that an algorithm repeatedly connects children to this kind of horrific site,” Bergman told the Southern California Record. “What is it about the algorithm? What eight or nine year old is going to be looking for content on how to choke themselves? It’s inconceivable unless the algorithm is designed in a defective way.”
Both Walton and Arroyo stumbled upon the challenge in their TikTok 'For You Page' but Walton was found dead hanging from her bed with a rope around her neck while Arroyo was found dead hanging from the family dog’s leash which she had tied to her bedroom door, according to a press release.
The families of Walton and Arroyo are not alone. Other children have died from the blackout challenge and more lawsuits will be filed, according to Bergman.
“There are a significant number of cases that have not resulted in litigation, but have resulted in the death of a child,” he said. “We're aware of about 12 to 15 of these cases but there are probably more.”
TikTok did not immediately respond to requests for comment. In addition to wrongful death, the lawsuit alleges violations of the California Consumer Legal Remedies.
“They have made a conscious decision to put their profits over the safety of their users and it's only by changing their economic calculus so that they actually have to pay the costs of the damages what they're doing to people that we expect there to be any change,” Bergman added. “That's why we're moving forward in the manner that we are."