Can I Sue Addictive Online Games?
If you do manage to get to court, you'll still have a major challenge as experts in the United States are split on whether gaming addiction is an actual disorder. A court therefore might not allow you to recover damages for it. A talented personal injury attorney may be able to persuade a judge that you should recover for the harms you suffered.
Video Gaming Is a Popular Pastime
Video gaming is one of the most popular recreational activities in the country. According to the Entertainment Software Association, which represents the video game industry, roughly 227 million people in the United States play video games. Two-thirds of all adults and three-fourths of all kids play them weekly. About 80% of players are over 18 and the average age of a player is 31. Almost half (45%) are female.
It's a social activity, as 65% of video game players play with others. Adult video game players spend more than six hours per week playing with others online and four hours per week playing with others in person.
So it's no surprise that video gaming has become big business. In 2020 alone, people in the United States spent a record $49 billion on video game content.
What Is Gaming Addiction?
Video games are entertaining, but you can end up spending a lot of time playing them. In fact, there can be all sorts of negative consequences for gaming too much. People lose money, jobs, and relationships.
Can video games be addictive? That is a question that psychiatrists, researchers, and other healthcare professionals haven't resolved.
Video Game Addiction in the United States
In the United States, the American Psychiatric Association (APA) publishes the Diagnostic Statistical Manual of Mental Disorders (DSM-5), which is the authoritative volume that defines and classifies mental disorders. In 2013, when the last edition was published, the APA decided that there was not enough evidence to determine whether gaming addiction was a unique disorder or how to define it.
The APA did determine, however, that “internet gaming disorder" was worthy of further study. The proposed symptoms of the condition include the following:
- Preoccupation with gaming
- Withdrawal symptoms, such as sadness, anxiety, and irritability, if gaming is taken away or not possible
- Tolerance and the need to spend more time gaming to satisfy the urge
- Inability to reduce or quit gaming
- Loss of interest in previously enjoyed activities
- Continuing to game despite problems
- Lying about the amount of time spent on gaming
- Using gaming for mood relief
- Having lost a job or a relationship due to gaming
You would have to experience five or more of these symptoms within a year to fall within the contemplated condition. Most people who develop clinically significant symptoms game online, but the condition might arise through the use of any electronic device, such as phones, handhelds, consoles, or personal computers.
International Video Game Addiction
In late 2017, the World Health Organization announced that the upcoming edition of its International Classification of Diseases (ICD-11) would recognize gaming disorder as a new disorder. According to the ICD-11, gaming disorder is characterized by a pattern of persistent or recurrent online or offline gaming behavior that shows:
- Impaired control over the onset, frequency, intensity, duration, termination, or context of gaming
- Increasing priority given to gaming to the extent that it takes priority over other interests and daily activities
- Continuation or escalation of gaming despite negative consequences
The pattern is often evident for more than at least 12 months and results in marked distress or significant impairment in important areas of personal, social, and work functioning.
How Many People Are Addicted to Video Gaming?
According to a study published in the International Journal of Mental Health and Addiction, 1.4% of those who play video games are considered to be addicted gamers. Other studies suggest that the percentage may be as high as 9%. That would equate to more than three million people in the United States.
How Can Gaming Become an Addiction?
The Mayo Clinic has described how a video game may become addictive. There is a chemical in the brain called dopamine that is released whenever we experience success or achievement.
Dopamine is powerful stuff. It helps maintain interest and attention, which is why it may be so hard to put that game controller down. It's also self-reinforcing. That means the more interest you experience, the more dopamine is released, and so on. This process can lead to long-term or permanent changes in the brain that require extensive treatment to reverse.
Lawsuits Against Game Companies
Litigation against game manufacturers is still relatively new, but there have been two big cases against Epic Games, the maker of Fortnite.
The video game Fortnite was released by Epic Games in 2017. There are three different gaming modes, but Fortnite Battle Royale may be the most popular one. You parachute onto an island with 99 other players and battle it out until there is only one person left. You use v-bucks, a virtual currency you can earn in-game or buy with real money, to customize your character.
Fortnite Battle Royale became an overwhelming success, gaining more than 125 million players in less than a year. As a whole, Fortnite generated $9 billion in gross revenue through 2019. It is cross-platform, which means you can play it on a console, computer, or even an iPhone or an Android phone.
Canadian Class Action
The first highly publicized case against the industry-leading game maker Epic Games was filed in 2019 by Alessandra Esposito Chartrand, a lawyer at the Calex Legal law firm, on behalf of certain Canadian parents in Quebec Superior Court in Montreal. She brought a class action lawsuit on behalf of the parents of two minors, claiming that the game developers at Epic Games hired psychologists to help make Fortnite an addictive game.
The plaintiffs further allege that Fortnite is as addictive as cocaine and that the more people played, the more hooked they became, which ultimately resulted in gaming addiction. Justice Sylvain Lussier certified the case as a class action and found that the plaintiffs had symptoms of addiction similar to the harmful effects of tobacco.
North Carolina Class Action
The case in Canada is not the only class action against Epic Games for Fortnite. One of Fortnite's three modes, Save the World, used to have what are known as loot boxes. Loot boxes contained randomized items, which gamers could buy in-game using v-bucks.
As part of a class action settlement in the Superior Court of North Carolina in February 2021, players now get to see what those items are before they make an in-game purchase.
Can I Sue for Gaming Addiction?
If your doctors believe you are clinically addicted to a video game, you may be able to take legal action against the game's manufacturer. There are a number of significant obstacles to be aware of.
Mandatory Binding Arbitration
One of the typical terms is that any dispute you have with the game manufacturer will be resolved through binding arbitration. That means that you do not get to go to court. Instead, a person called an arbitrator listens to both sides and resolves your dispute.
Most courts enforce arbitration provisions. However, if you are bringing a lawsuit on behalf of a minor who funded the game or online account with their own money, you may be able to disaffirm the contract. That means the minor would no longer be bound by the terms, including the arbitration provision, and could sue in court.
Limitation on Damages
If you're not, you're probably stuck. Going to court, even if you could get around the arbitration provision, would probably cost more than you could recover. It might not be worth it to sue.
Can You Recover Damages for Gaming Addiction?
The third obstacle, which may be the biggest, is even if you can get to court and can get past the limitation on damages, you are still left with the elephant in the room. Is gaming addiction even an injury you can recover damages for?
No Consensus in the United States
As noted above, the U.S. medical community has not reached a general consensus on whether gaming addiction is a disorder. Courts are generally reluctant to get ahead of the science and, until such time as the APA does change the DSM-5, may not allow you to recover for a condition that hasn't been generally accepted as a disorder by the U.S. medical profession, even if the WHO says it is.
Some Courts Have Allowed Recovery in Similar Contexts
That is not to say you don't have an argument, given the WHO's take. An experienced product liability lawyer would be of great help. People brought lawsuits against tobacco companies before it was accepted that smoking was addicting and, over time, courts permitted them to recover.
Others have had successful product liability lawsuits against pharmaceutical companies. They have claimed that medicines they took caused them to develop a gambling addiction. They were permitted to recover not only the money they lost to gambling but also punitive damages, which are damages intended to punish wrongdoers for outrageous behavior. The damage awards were substantial. There is arguable precedent here for lawsuits.
If You or a Loved One Seems Addicted to Video Games, Consult a Personal Injury Lawyer
As you can see, gaming addiction is a complicated subject in both the legal and medical sense. Both medicine and the law recognize that at some point, gaming can become a serious problem for some people.
If you or a loved one shows symptoms of a gaming problem, first consult a mental health professional. After that, you may want to get legal help from an experienced personal injury attorney in your area. They can help you understand your rights, go over your options, and decide what road if any you should take.