Offering Steadfast, Proven Counsel Throughout The Northern Plains

Liability lessons: The hidden dangers of viral social media stunts

On Behalf of | Sep 4, 2024 | Personal Injury

In today’s digital age, social media platforms are an important tool for connecting with friends and loved ones. Adults and teenagers alike use this tech and although often beneficial there are some well-known dangers. One that is gaining media attention is use of social media to encourage participation in stunts that push the boundaries of safety. As entertaining as social media challenges may appear, many of these stunts can have serious safety and legal consequences.

What common viral challenges can lead to harm?

Several viral challenges have gained popularity, each carrying its own set of dangers. Current examples include:

  • The Milk Crate Challenge: Involves stacking milk crates into a pyramid shape and attempting to climb them. Falls can lead to severe injuries.
  • The Planking Challenge: Participants lie face down in unusual and sometimes dangerous locations. Risks include falling from a height or obstructing hazardous areas.
  • The Water Wars Challenge: A newer challenge where participants spray water at each other, often in inappropriate settings. This can lead to slip and fall accidents or unintended harm to bystanders.

In addition to the possibility of injury, these stunts can also lead to legal ramifications.

How can a social media stunt result in legal consequences?

The details depend on the situation. Take for example, teenagers who decide to try the Milk Crate Challenge. They choose a friend’s house, gather the materials, and begin building a giant milk crate pyramid. One starts to climb and nears the top, only to have the structure crumble. This teenager hits their head in the resulting accident and suffers a traumatic brain injury that requires months of hospitalization, treatment, and rehabilitation.

In this scenario, legal consequences can arise under premises liability. Premises liability refers to the property owner’s responsibility to keep their premises reasonably safe for visitors. The parents of the injured teenager could hold the property owners where the teenagers performed the stunt liable for the costs of the injury.

Liability can also extend as follows:

  • Participants are liable: Adults who injure themselves in these challenges are generally liable for their own injuries.
  • Creating hazardous conditions: If a participant completes a stunt that endangers others, anyone injured in the aftermath can likely hold that participant liable for any resulting harm.
  • Impact on minors: As noted in the example above, when minors engage in such activities and cause injury, the injured minor and their family may hold parents or guardians accountable.

It is important for parents to discuss the impact of these stunts with their children. The old saying about an ounce of prevention being worth a pound of cure holds true in this situation. Talking about the fact that these challenges exist, discussing the dangers, and providing alternatives or ways to navigate conversations with friends about these challenges can help reduce the risk that a child partakes in or is injured by one of these stunts.