In the wake of TikTok challenges and the injuries that have resulted from them, it begs the question: can a viral TikTok challenge be the basis of a personal injury case? However, the answer isn’t simple.
Personal injury cases hinge upon negligence, and it takes understanding those components to determine whether or not the creator of a particular TikTok video or challenge could face liability.
Understanding Negligence in Personal Injury Law
Under personal injury law, injured victims have the right to seek compensation for their injuries and other financial losses, known as damages, if these things were caused by another person’s negligence.
Negligence has four key elements that all must be met to hold a party liable under the law. First, a duty of care must be established, which is proving that the other party had a responsibility to act reasonably to avoid causing others harm.
Once the duty of care is established, it must be shown that the other party breached the duty by failing to uphold proper care. When the other party breached the duty, it needs to be directly linked to the injury it caused. Finally, the other party’s actions must have caused you or a loved one to suffer damages such as medical bills for your injuries, lost wages from being unable to work, or even intangible losses such as pain and suffering or loss of enjoyment of life.
Is It Possible for TikTok Challenges to Be Considered Negligent?
Understanding what comprises negligence is just one piece of the puzzle. It’s far more complicated to apply those principles to the viral challenges that are seemingly introduced daily.
Creators may not be explicitly pressuring their viewers to participate or copy their actions, though it can inspire others to attempt dangerous stunts in the hopes they too could go viral. Some viewers, especially younger ones, may not think about the inherent dangers of copying the reckless behaviors they see.
Certain factors may increase the chances that a viral TikTok challenge turns into a personal injury case:
Target Audience Age
TikTok challenges that target minors are held to a higher standard. Since children are more vulnerable to peer pressure, they won’t realize the risks of imitating what they see. If a child becomes harmed because of one of these challenges, those responsible for creating the challenge may be liable.
The Inherent Danger of a Challenge
Some challenges, whether they target younger viewers or not, feature obvious risks such as using dangerous objects or trying out physically demanding stunts without proper training or protection. When someone gets hurt by partaking in one of these challenges, it is generally viewed as negligent content.
Encouraging Reckless Behaviors
Challenges that present themselves in such a way that incite viewers to take unnecessary risks to participate may create a breach of duty. Along with other evidence, it may lead to owing the injured party a settlement for their injuries.
How to Stay Safe Amid Viral TikTok Challenges
Social media may have its benefits in connecting people and providing entertainment. However, viewers should be advised that copying content they see could come with serious consequences for their health and well-being.
You can protect yourself by:
Being Skeptical of Viral Challenges
You should never let yourself feel pressured to participate in anything that looks dangerous. If you have children, make sure they are aware that these things may look fun and exciting but could result in injuries that may have permanent impacts.
Know About the Risks
From standing on sinks to eating packing peanuts and from participating in the Oklahoma drill to the Murph challenge, never copy what you see without researching it first. Be fully aware of the dangers it can cause you as well as others if you copy these actions.
Monitor Your Child’s Social Media Usage
Along with having a frank discussion with your kids about these challenges, keep an eye on what they’re viewing. Set restrictions to prevent them from seeing harmful content that they may try to duplicate.
Report Harmful Content
Some say it’s all fun and games, but there is content out there that can be harmful to others. The more people who view it, the more likely there will be more tragedies. If you see something that is inherently dangerous, do your part and report it to TikTok to have it taken down.
What to Do If You or Your Child Is Injured by a TikTok Challenge?
While these challenges are in more of a gray area of the law, it’s important to take the right steps after an injury from viral TikTok videos to safeguard your rights.
Seek Immediate Medical Attention
No matter how foolish you may feel, your health is the most important priority. If your injury is serious, go to the emergency room. If not, make sure you get to the nearest urgent care center or see your doctor right away. If your child has been harmed by a TikTok challenge and is unconscious or not breathing, call 911 immediately.
Document and Gather Evidence
Make sure you get evidence of the TikTok challenge in question. Take screenshots or save recordings of the challenge. Don’t count on it to still be on the platform if it’s dangerous, as others may have reported it, and it could be taken down before you capture the evidence. If you communicated with the creator, save copies of those conversations too.
Speak to a Personal Injury Lawyer About Your TikTok Injury
It may not always be clear whether or not you will be able to take legal action after an injury caused by a TikTok challenge. The only way to find out is by speaking with a personal injury lawyer who can review the unique factors of your circumstances.
Legal representation for injury victims in Madison is encouraged if there is clear evidence of negligence. It can be difficult for victims, especially minor children, to handle these legal situations without a knowledgeable attorney to lead the way.