Can You Sue the Video Game Creators for Addiction?

You can sue the video game creators for addiction if your child’s gaming has become a problem. A video game addiction lawsuit lawyer in your area can help.

What Are Video Game Addiction Lawsuits Based On?

Video game addiction lawsuits allege that video game companies and console companies made their games purposefully addictive in an attempt to keep an ongoing customer base. The lawsuits, which name the creators of games like Fortnite, Roblox, and Minecraft, allege that the creators use feedback loops and reward systems to keep children playing their games. The complaints also allege that “microtransactions” (i.e., real money payments that gamers make in video games) play a very large role in children’s gaming addictions. 

One of the lawsuits, filed in Chicago, stated, “The schemes use psychological mechanisms, behavioral psychology, and neuroscience to encourage repeated play and increased spending among users, especially among vulnerable populations like minors.” The lawsuit alleges that the child in question suffered:

• Severe emotional distress, 
• Diminished social interactions, 
• Loss of friends, 
• Poor hygiene, and 
• Withdrawal symptoms such as rage, anger, and physical outbursts.”

The court rejected the first lawsuit in June 2024. As of July 2024, the court has also rejected the motion to consolidate these lawsuits into multidistrict litigation. There is ongoing litigation in at least five states.

Defense Against Gaming Addiction Lawsuits

Video game companies have been vocal in their defense of their products, saying that people can’t sue them for making their games “too entertaining.” The gaming companies also claim that these lawsuits are “an attack on the First Amendment rights of video game creators.” These arguments stem from a 2011 Supreme Court decision in Brown et al. v. Entertainment Merchants Assn. et al. 

The Brown v. Entertainment Merchants’ decision found that the First Amendment extended to video games as they are “forms of communication.” The decision compared the violent imagery in other forms of media, such as books, to that in video games, saying that they can’t regulate violent imagery in books, so they also can’t regulate video games. 

The video game creators argue that books and streaming shows can be just as entertaining as video games, and people aren’t allowed to sue authors and TV show creators for addictive novels or shows.

Proving Video Game Addiction

To sue a video game creator for addiction, you need to establish that:

• You or your child became addicted to video games (e.g., Minecraft, Roblox, Call of Duty, Fortnite, Grand Theft Auto (GTA)) as a minor.
• Gaming has had a negative effect on you or your child’s life. Examples include: 

• • A video gaming addiction or gaming disorder
  • Loss of education (e.g., dropping out of high school or college to game)
  • A criminal record, such as stealing to get money for games
  • Still living at home due to an inability to support yourself due to gaming addiction
  • Anxiety, depression, and irritability
  • Seizures
  • A diagnosis of Oppositional Defiant Disorder 
  • Gamer Rage or aggression
  • Sleep deprivation psychosis
  • An ADHD/ADD diagnosis
  • Orthopedic injuries, such as trigger finger, carpal tunnel syndrome, tennis elbow, neck sprain or herniation, de Quervain’s Tenosynovitis (more commonly known as gamer’s thumb)
  • Computer vision syndrome
  • The requirement for an Individualized Education Plan (IEP) or 504 Plan at school
  • Needing to homeschool so that you or your child can play games
  • Changes in a CT scan or MRI of the brain 
  • Lost income (e.g., inability to work full-time due to needing to play)
  • Hypertension
  • Obesity
  • Prioritizing playing online games over spending time with family and friends, playing sports, or other hobbies)
  • Very poor hygiene due to playing games
  • Excessive or inappropriate cursing
  • Withdrawing socially (losing friends)
  • Changes in eating habits or patterns

What Can I Recover Through a Video Game Addiction Claim?

We won’t know precisely what you can recover until a settlement is reached or a jury awards a verdict. However, the current video game addiction complaints are requesting compensation for: 

• Medical bills, such as treatment costs
• Other compensatory damages
• Punitive damages

A video game addiction lawsuit lawyer can help you determine what damages you might be able to recover.

What Are the Signs of Gaming Addiction?

The signs of gaming addiction can differ from person to person, but could include: 

• Withdrawing from friends and family and hobbies
• Withdrawal symptoms, e.g., rage, mood swings, anxiety 
• Prioritizing gaming over homework or chores
• Withdrawing from relationships or hobbies to game
• Intense, undeniable urges to play/being unable to focus on a hobby or task due to thoughts of playing online games
• An inability to quit playing, even with obvious negative consequences
• Lying about how long they have spent gaming
• Needing to spend more time playing to get the same level of enjoyment as they have before
• Excessive spending on game purchases
• Poor hygiene due to online gaming
• Confiding that they cannot stop playing

Can a Lawyer Help Me Sue for Gaming Addiction?

Yes. Our law firm partners are standing by, ready to hear your story. They can handle every aspect of your case, from gathering the necessary evidence to prove addiction and establishing how the video game creators purposefully created an addictive product. They will also handle all communications and negotiations.

Our co-counsel handles these cases on a contingency-fee-basis, which means you pay nothing upfront for legal help.

Get Help Suing Video Game Creators for Addiction

Has your child displayed signs of addiction? Is their excessive gaming jeopardizing their future? You can seek justice for them and hold video game companies and game developers liable. 

The Goldwater Law Firm can connect you with a video game lawsuit lawyer in your area. Our law firm partners handle cases with no upfront fees. There is no risk when you work with our co-counsel, and you can be sure they are as dedicated to your case as you are because they only receive payment if you recover compensation.

Call us today for a free consultation.