Kik product liability claims
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I've been reading about how Omegle was closed down and I wonder if the same thing could be done to Kik.
The lawyers used a novel angle of attack called a Product Liability lawsuit, arguing that the site was defective in its design.
"This was the first case where the platform could be held liable for the harm from one user to another and that's largely because of our argument that the product design made the type of harm so foreseeable."
The case never went to court, because Omegle settled, but in principle, the same arguments could be made that Kik is a defective product, because it has failed to prevent harm to its users. The harm in the case of our loved ones, is them being arrested by the police.
Of course the obvious defence is that these users put themselves in harms way, but the app itself did nothing to stop them. If a sympathetic lawyer could be found, on a no win, no fee basis, then would a class action be possible?
The lawyers used a novel angle of attack called a Product Liability lawsuit, arguing that the site was defective in its design.
"This was the first case where the platform could be held liable for the harm from one user to another and that's largely because of our argument that the product design made the type of harm so foreseeable."
The case never went to court, because Omegle settled, but in principle, the same arguments could be made that Kik is a defective product, because it has failed to prevent harm to its users. The harm in the case of our loved ones, is them being arrested by the police.
Of course the obvious defence is that these users put themselves in harms way, but the app itself did nothing to stop them. If a sympathetic lawyer could be found, on a no win, no fee basis, then would a class action be possible?
Hi, There is a long thead on her with a discussion around KIK. I litterally promote everyone to stop using it. They do have safeguarding but thats when you share an image and the damage is done (my autistic son was lurnered over to it from Twitter and then gthe conversations carried on, he then shared images as he felt it was normal as everyonw was doing it) I think all we can do is complain to Ofcom, if enough of us do it, it might be picked up by a lawyer? I may be wrong though, there mat be another route.