Technology & Game Developers: The Next Targets For The Plaintiffs' Product Liability Bar?

Technological advances sometimes create opportunities for crafty plaintiffs' attorneys. The 1990s saw two significant developments: "internet addiction" was identified as a possible "behavioral addiction," and access to the internet, video games, and social media became widely available. In the ensuing years, scientists have conducted a substantial amount of research on the effects technology may have on its users, including on a possible association with the onset of behavioral addictions. At the same time, technology-based behavioral addiction issues have increasingly crept into modern litigation, featuring prominently in criminal prosecutions, claims for employee accommodation under the Americans with Disabilities Act (ADA), and family-law custody disputes. That said, somewhat surprisingly, new technology developers and manufacturers have, thus far, largely avoided being the target of product liability actions.