Kids became addicted to Fortnite video game, lawsuit says. Canadian court to hear case
Multiple parents who say their children became addicted to the video game Fortnite, prompting them to sue the game’s creator, will have their lawsuit heard by a court in Canada, a judge ruled.
The parents filed the original class action lawsuit in October 2019 with the Superior Court of Québec in Montréal, and a judge authorized the lawsuit on Wednesday, Dec. 7, allowing it to go ahead, court documents show.
Multiple parents argued their children developed an addiction to Fortnite, a cooperative shooting and survival video game created by Epic Games, and suffered adverse psychological, social and financial consequences from this addiction, the lawsuit said. Parents described the symptoms of Fortnite addiction as back and neck pains, migraines as well as not showering, eating, and socializing.
Epic Games told McClatchy News on Friday, Dec. 9, that the video game has “industry-leading Parental Controls that empower parents to supervise their child’s digital experience” and a “recently added” “daily spending limit by default for players under the age of 13.” The company said it plans to “fight this in court... We believe the evidence will show that this case is meritless.”
One parent said their then 9-year-old child developed a Fortnite addiction, playing more than 1,800 games of Fortnite and spending over $600 Canadian dollars (roughly $400 U.S. dollars) on in-app purchases during an 11-month period, according to the lawsuit. The child’s language would become vulgar and aggressive while playing, and the video game replaced their other social activities, the lawsuit said.
The other parent said their then 13-year-old evolved into a parallel world as he became addicted to Fortnite, according to the lawsuit. His Fortnite playing became a real need and negatively impacted the quantity and quality of his sleep. In less than two years, the child played over 7,700 games of Fortnite, the lawsuit said.
The parents likened Fortnite addiction to heroin or cocaine addiction, a judge wrote in Dec. 7 court documents. The parents argued in the lawsuit that the video game was designed to be addictive – particularly for children – but provided no warnings about the risks of addiction and dependency.
If the parents had known the risks and dangers of playing Fortnite, they would have refused to let their children download the game or been more vigilant about their children’s playing time to prevent them from developing an addiction, the lawsuit said. The parents argued that Epic Games violated Canada’s Consumer Protection Act, among other laws, and should pay for the damages their families have suffered.
Epic Games argued that only doctors can diagnose addictions and that cyber addictions are vague and imprecise, court documents show.
A judge found that the parents had an arguable case so the lawsuit will proceed, court documents show.
“Gaming disorder” is recognized as an addictive behavior by the World Health Organization, according to an October 2020 news release. The disorder is characterized by “impaired control over gaming, increasing priority given” to video games, and “continuation or escalation of gaming despite the occurrence of negative consequences,” the organization said.
Class action lawsuits in Canada go through a four-step process, according to the Superior Court of Québec: authorization, class action, recovery, and end. This case is finishing the authorization step.
Montréal is in the province of Québec and about 115 miles east of Ottawa.
Google Translate was used to translate court documents from the Superior Court of Québec.
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