Jury Likely to Hold Social Media Liable

WASHINGTON - EntSun -- The jury in the benchmark social media addiction trial against Meta and YouTube - which many are comparing with the lawsuits against cigarette manufacturers for addicting children - has sent a note rather clearly indicating that the required majority has decided to hold at least one defendant liable, says the attorney whose lawsuit helped establish that nicotine was addictive, and who played a major role in successfully suing big tobacco.
. . .
Banzhaf, who has been called "The Law Professor Who Masterminded Litigation Against the Tobacco Industry" and "a Driving Force Behind the Lawsuits That Have Cost Tobacco Companies Billions of Dollars," points out that jurors probably realized that sending such a note would strongly suggest that they are preparing to release a verdict for the plaintiff; an eventuality likely to affect - or possibly even trigger - settlement negotiations over the weekend.

The fact that the note specifically included the words "punitive conduct" should worry the defendants because it suggests that the jury may be considering awarding punitive damages in addition to actual damages, especially since so much of the evidence of wrongdoing related to intentional acts rather than mere carelessness or inadvertence (negligence).

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Although the plaintiff and much of the media have focused on the issue of whether some social media platforms are addictive, or at least cause addictive-like effects, the major issue with which the jury may have wrestled is whether or not social media was a cause of K.G.M's very serious problems, or whether her parents were the primary cause; e.g., for either producing or at least not effectively treating the emotional problems of their child, and/or for not offering greater protection from the influences of social media.
. . .

In conclusion, the law professor cautions that jurors may not be particularly interested nor understand the complexities of defining and proving a true addiction.

Instead, as with the legal actions against the tobacco companies, they will see rich and powerful companies which were well aware of the harm they were causing to children by a product which causes powerful addictive effects about which they even joked.

Like the cigarette manufacturers who denied the addictive effects of their product, jurors will see companies which strived to increase the addictive effect by strengthening the algorithms, scrolling, autoplay and other features while likewise denying what was becoming increasingly if not overwhelmingly obvious to them.

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For Professor Banzhaf's earlier legal analysis also covering the issues of addiction and addictive effects, see:
Expert Explains Social Media Addiction Trial -- Important Misconceptions Public Should Understand (http://prsync.com/george-washington-university/expert-explains-social-media-addiction-trial----important-misconceptions-public-should-understand-5177966/)

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