Parents Sue TikTok, Saying Children Died After Viewing ‘Blackout Challenge’ (Published 2022) (2024)

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The suit, involving girls ages 8 and 9, claims TikTok knew or should have known that its product was “addictive” and was directing children to dangerous content.

Parents Sue TikTok, Saying Children Died After Viewing ‘Blackout Challenge’ (Published 2022) (1)

By Michael Levenson and April Rubin

The parents of two girls who said their children died as a result of a “blackout challenge” on TikTok are suing the company, claiming its algorithm intentionally served the children dangerous content that led to their deaths.

The girls were 8 and 9 when they died last year after viewing the challenge, which encouraged users to choke themselves until they passed out, according to the lawsuit, which was filed on Thursday in Superior Court in Los Angeles County.

The suit claims TikTok knew or should have known that its product was “addictive,” that it was directing children to harmful content and that it failed to take significant action to stop those videos or to warn children and parents about them.

The complaint cites in particular TikTok’s “For You” page, which the complaint says shows a stream of videos selected by an algorithm developed by TikTok that is based on a user’s demographic, “likes” and prior activity on the app. The suit seeks unspecified damages.

“TikTok needs to be held accountable for pushing deadly content to these two young girls,” said Matthew P. Bergman, founding lawyer of the Social Media Victims Law Center, a private law firm created in November to hold social media companies accountable for harming children.

A TikTok spokeswoman said the company would not comment on continuing litigation. But the spokeswoman referred to a statement from December, when People magazine reported that a mother from Pennsylvania said her 10-year-old daughter had died while trying the blackout challenge.

“This disturbing ‘challenge,’ which people seem to learn about from sources other than TikTok, long predates our platform and has never been a TikTok trend,” said the statement, which linked to a federal report about deaths from a “choking game” from 1995 to 2007. “We remain vigilant in our commitment to user safety and would immediately remove related content if found. Our deepest sympathies go out to the family for their tragic loss.”

Social media sites like TikTok promote content based on a user’s preferences, said Dr. Lois Lee, a member of the American Academy of Pediatrics’ Council on Injury, Violence and Poison Prevention. Without parental controls, children can be exposed to a range of content, including videos they may not understand, she said.

The academy recommends that parents monitor their children’s social media use and limit screen time as much as possible. When children see many “likes” on a challenge video, Dr. Lee said, they may think it’s safe or fun to try, without understanding the consequences.

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Background

“Elementary-school-aged children do not have the knowledge or the insight to realize that these are dangerous things to do,” she said.

One of the girls named in the lawsuit, Lalani Erika Walton, 8, of Temple, Texas, was described in the suit as a sweet and outgoing child who loved dressing up as a princess and playing with makeup. She wanted to be a famous rapper like Cardi B.

She got her first cellphone on her 8th birthday on April 23, 2021, and quickly became “addicted” to TikTok, where she posted videos of herself singing and dancing in hopes of becoming “TikTok famous,” the suit says.

After Lalani was seriously injured in a car accident in which one of her stepbrothers died, she went to live with her stepmother. Without her mother or stepmother knowing, TikTok’s algorithm “directed” Lalani in July 2021 to the blackout challenge, the lawsuit says.

Lalani had bruises on her neck on July 13, 2021, and told her family that she had fallen and bumped herself on her bed frame, the suit says. Soon after, she spent some, if not most, of a 20-hour car trip with her stepmother, sitting in the back seat, watching the blackout challenge, the suit says.

On July 15, 2021, Lalani was found with a rope around her neck, the suit says.

After her death, the police took Lalani’s phone and tablet, and told her stepmother that “Lalani did not commit suicide,” the lawsuit says. A police officer showed the videos of the blackout challenge to the stepmother and said that Lalani had been watching the video on repeat and had been trying the challenge herself, the suit says.

The second girl named in the suit, Arriani Jaileen Arroyo, 9, of Milwaukee, enjoyed playing basketball and kickball and riding her bicycle.

She received a phone when she was 7 and downloaded TikTok, using it to watch and post videos of dancing and singing. She became “addicted” to the product, the suit says, and started trying “challenges.” Because the “challenges” she discussed involved drinking and eating, her parents believed them to be harmless, the suit says.

In January 2021, Arriani told her mother about a girl in Italy who died while trying the blackout challenge, Mr. Bergman said. Arriani’s mother told her that she should never try such a challenge, and Arriani indicated that she understood, the suit says.

On Feb. 26, 2021, Arriani was found with a leash around her neck, the suit says. Mr. Bergman said that Arriani had been watching a blackout challenge on TikTok. She died that day after she was taken off life support, the suit says.

The complaint cites several other children — including a 12-year-old in Oklahoma and a 14-year-old in Australia — who it says died while trying the blackout challenge.

Dangerous challenges, such as one that involved biting or swallowing Tide pods, have circulated on the internet for years. The suit mentions challenges that involved consuming large amounts of Benadryl or getting out of a moving car to dance on the street.

“I don’t know if they’re any more dangerous than they’ve ever been,” said Zach Sweat, the managing editor of Know Your Meme, an internet database that includes memes and online challenges. “I think the accessibility of these types of things and the way these algorithms work broadcasts it to more people.”

Michael Levenson joined The Times in December 2019. He was previously a reporter at The Boston Globe, where he covered local, state and national politics and news. More about Michael Levenson

April Rubin is a breaking news reporter and a member of the 2022-2023 New York Times fellowship class. More about April Rubin

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Parents Sue TikTok, Saying Children Died After Viewing ‘Blackout Challenge’ (Published 2022) (2024)

FAQs

Parents Sue TikTok, Saying Children Died After Viewing ‘Blackout Challenge’ (Published 2022)? ›

The parents of two girls who said their children died as a result of a “blackout challenge” on TikTok are suing the company, claiming its algorithm intentionally served the children dangerous content that led to their deaths.

How many children died from the blackout challenge? ›

Impact and lawsuits

The challenge has resulted in the deaths of between fifteen and twenty children. Several lawsuits have been filed against TikTok for allegedly causing the deaths of children who have attempted it, though all have ended up in dismissals based on legal immunity.

Did the judge dismiss the suit alleging TikTok blackout challenge caused the girl's death? ›

Taiwanna Anderson of Pennsylvania sued TikTok and its parent company, ByteDance, in May after her 10-year-old daughter died. A federal judge on Tuesday dismissed a wrongful death lawsuit that claimed TikTok was responsible for the death of a 10-year-old who took part in the so-called Blackout Challenge.

What is the disturbing trend in wrongful death lawsuits? ›

In what some call a "disturbing trend," efforts are being made to broaden the definition of "family members" who can sue physicians for wrongful death. In addition, the types of emotional damage that physicians can be sued for is expanding in pockets across the nation.

What is the choking challenge in 2022? ›

The CDC said, “The choking game involves intentionally trying to choke oneself or another in an effort to obtain a brief euphoric state or 'high. '” In 2021, the challenge resurfaced on TikTok, which led the viral video app to ban #BlackoutChallenge from its search engine.

Who was the girl who died in the blackout challenge? ›

Tawainna Anderson sued TikTok and its Chinese parent company ByteDance after her daughter Nylah in 2021 attempted the blackout challenge using a purse strap hung in her mother's closet. She lost consciousness, suffered severe injuries, and died five days later.

What is the deadliest TikTok challenge? ›

The Scarf Game (Blackout Challenge)

Tragically, this challenge has resulted in fatal consequences, with individuals losing their lives due to asphyxiation.

How many kids have died doing TikTok challenges? ›

The blackout challenge has been linked to the deaths of at least 15 kids age 12 or younger in the past 18 months, according to data Businessweek compiled from news reports, court records and interviews with family members. At least five children age 13 and 14 also died in that time.

Has the TikTok lawsuit paid out? ›

U.S. District Judge John Lee of Chicago granted , opens new tab final approval to the $92 million nationwide settlement with video sharing service TikTok and its parent, ByteDance Inc, on Thursday.

What is the difference between wrongful death and negligence? ›

A wrongful death case is a type of lawsuit that a surviving family member or personal representative of a person who died can file. They can file if the decedent's death was due to the intentional act of another or the result of negligence. Negligence is defined as the breach of the duty of care.

What is an example of a wrongful death? ›

There are many different situations that can turn into wrongful death claims, such as car accidents, motorcycle accidents , truck accidents , boating accidents, aviation accidents, drowning, product liability , premises liability , assault & battery, medical malpractice, workplace accidents, accidental poisoning and ...

How are wrongful death settlements calculated? ›

Wrongful death settlements are valued based on several factors, including expenses accrued throughout the accident, lost wages and future earnings, and pain and suffering. These factors are unique to each case, meaning each must be valued individually.

What is Benadryl Challenge on TikTok? ›

The viral TikTok challenge involves taking massive amounts of Benadryl, the over-the-counter allergy drug, to get high and bring on hallucinations. Jacob Howard Stevens of Greenfield, Ohio died after taking 12-14 pills which immediately caused seizures, his father Justin Stevens told ABC 6 News.

What is the angel of death challenge? ›

As per the trend, the participant has to run and jump in front of a moving vehicle. The challenge is complete if the vehicle stops before hitting the person. TikTok has given rise to wild, dangerous challenges previously also, and they have proved to be life-threatening in many cases.

Who passed away from the challenge? ›

On November 27, Ryan Knight was discovered deceased at a friend's residence. Alongside his presence on Real World: New Orleans, he showcased his talents on multiple MTV "Challenge" seasons like The Challenge: Rivals II and The Challenge: Battle of the Seasons.

What do people do in the blackout challenge? ›

The blackout challenge is a choking game that involves intentionally trying to choke oneself or another to obtain a brief euphoric state or “high.” Death or serious injury can result if strangulation is prolonged. Those doing the challenge do it privately or broadcast their attempt to friends or followers.

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