Holding Game Developers Accountable for Internet Gaming Disorder

With a dedicated team of 18 partner attorneys and a combined 441 years of legal experience, Heninger Garrison Davis (HGD) is equipped to challenge the nation's most powerful game developers and publishers. Leveraging our extensive resources, HGD has successfully recovered billions in compensation for our clients. Our proven track record demonstrates our commitment to securing the best possible outcomes for those affected by video game addiction. Contact us today to book your consultation and learn more about your legal options.

How is Video Game Addiction Legally Defined?

Video game addiction, legally recognized as Internet Gaming Disorder (IGD), is defined by authoritative medical and psychological bodies. A clear legal definition of video game addiction is essential for establishing liability, securing compensation, and encouraging the gaming industry to adopt more responsible design practices and implement safeguards to protect vulnerable users.

Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (DSM-5)

IGD is characterized by a persistent and recurrent pattern of gaming behavior leading to significant impairment or distress. To qualify, an individual must exhibit at least five of the following symptoms within a 12-month period:

  • Preoccupation with Gaming: Constantly thinking about gaming, even when not playing.
  • Withdrawal Symptoms: Feeling irritable, anxious, or sad when unable to play.
  • Tolerance: Needing to spend increasing amounts of time gaming to achieve satisfaction.
  • Failed Attempts to Reduce Gaming: Persistent efforts to cut down or stop gaming without success.
  • Loss of Interest in Other Activities: Diminished interest in hobbies or social interactions outside of gaming.
  • Continued Gaming Despite Problems: Persisting with gaming despite knowing it causes or exacerbates physical, psychological, or social issues.
  • Deception: Lying to family members or others about the extent of gaming.
  • Escape: Using gaming as a way to relieve negative moods or escape from real-life problems.
  • Risked Relationships or Opportunities: Sacrificing important relationships, educational, or career opportunities because of gaming.

International Classification of Diseases, 11th Revision (ICD-11)

Gaming Disorder is characterized by impaired control over gaming, increasing priority given to gaming over other activities, and continuation or escalation of gaming despite negative consequences.

The behavior pattern must be evident for at least 12 months and result in significant impairment in personal, family, social, educational, or occupational functioning.

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What Are the Negative Effects of Gaming Addiction?

Video game addiction can have profound impacts on various aspects of life, including:

  • Academic and work performance
  • Social relationships
  • Physical health (e.g., repetitive stress injuries, digital eye strain)
  • Mental health (e.g., anxiety, depression, ADHD)
  • Aggressive behavior (e.g., "gamer rage")

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Legal Implications in Video Game Addiction Lawsuits

In the context of legal actions, video game addiction is used to establish the detrimental impact that certain game designs have on individuals, particularly minors and young adults. Significant legal considerations include the following:

Intentional Design for Addiction

Allegations that game mechanics are purposefully created to maximize player engagement and spending, contributing to addictive behaviors.

Predatory Monetization Schemes

Practices such as microtransactions, loot boxes, and "pay-to-win" models that encourage excessive spending and prolonged gaming sessions.

Causal Link to Harm

Demonstrating how excessive gaming has led to physical injuries, mental health issues, academic and professional setbacks, and strained relationships.

Lack of Warning

Claims that developers failed to disclose the addictive potential and associated risks of their games to users and their families.

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Which Games Are Being Named in the Lawsuits?

The lawsuits specifically target popular titles known for their addictive qualities, including:

  • Fortnite
  • Roblox
  • Grand Theft Auto V
  • Rainbow Six
  • Battlefield
  • Call of Duty

Future lawsuits may include additional titles as more evidence comes to light.

    What Compensation Can I Receive?

    Medical Costs

    • Coverage for mental health professionals aiding addiction recovery
    • Reimbursement for prescribed drugs for addiction treatment
    • Funding for programs to help manage gaming habits

    Mental Distress

    • Compensation for anxiety and emotional pain due to addiction
    • Addressing the long-term effects of excessive gaming 
    • Financial support for managing recovery-related mental strain

    Monetary Losses

    • Reimbursement for spending on microtransactions 
    • Compensation for income loss due to gaming addiction
    • Recovery of funds lost through predatory monetization

    Physical Injuries

    • Compensation for conditions like carpal tunnel
    • Coverage for treatments related to gaming-induced physical issues

    Factors Influencing Compensation

    • The extent to which gaming has disrupted your life and well-being
    • Total monetary losses incurred due to excessive gaming and related expenses
    • Comprehensive records of treatments and therapies required to address addiction
    • Detailed accounts of how gaming addiction has affected your personal and professional life
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    Do I Qualify for a Video Game Addiction Lawsuit?

    Eligibility criteria include:

    • Under 19 years of age
    • Minimum play time of three months
    • Diagnosed with video game addiction (IGD)
    • Experiencing negative effects such as mental health issues, problems at school or work, or physical injuries related to excessive gaming

    If you meet these criteria, you may be entitled to compensation for the harm caused by video game addiction.

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    Ready to Take the First Step?

    Heninger Garrison Davis is here to support you and your family through this challenging time. Our nationwide reach allows us to take on complex, multi-jurisdictional cases across all 50 states, meaning our team is ready to represent your interests with determination and expertise.

    Don't let video game addiction dictate your or your child's future. Contact Us Today to begin your journey toward justice and recovery.

    Video Gaming Addiction Lawsuit FAQ

    What is the Role of Parental Consent in Video Game Addiction Lawsuits?

    Parental consent can play a significant role, particularly when minors are involved. Lawsuits often claim that developers bypass parental controls or fail to adequately disclose risks, making it harder for parents to manage their children's gaming habits.

    Are Game Developers Legally Obligated to Address Addiction Risks?

    While there are no universal laws mandating developers to address addiction risks, certain jurisdictions may require warnings about potentially addictive mechanics, similar to disclaimers for gambling or tobacco products. Legal cases often argue that developers owe users a duty of care.

    How Do Loot Boxes and Microtransactions Contribute to Addiction?

    Loot boxes and microtransactions mimic gambling by creating a cycle of reward and reinforcement. The unpredictable outcomes and the ease of purchasing can condition players to spend more time and money on games, fostering addictive behaviors.

    How Long Do Video Game Addiction Lawsuits Typically Take?

    The timeline varies based on the complexity of the case, the number of parties involved, and the jurisdiction. Cases can take months to years to resolve, especially if they involve class actions or extensive discovery processes.

    Are There Any Precedents for Successful Video Game Addiction Lawsuits?

    Yes, while relatively new, some cases have resulted in settlements or policy changes. For example, legal actions against companies offering loot boxes have prompted regulatory scrutiny and game design adjustments in certain regions.

    Can Lawsuits Result in Industry-Wide Changes?

    Yes, legal pressure can lead to sweeping reforms. Past lawsuits in analogous industries, like tobacco and gambling, have prompted the introduction of warning labels, spending limits, and restrictions on advertising to vulnerable populations.

    What Steps Can Families Take to Prevent Gaming Addiction?

    To mitigate risks:

    • Set time limits and enforce them consistently
    • Monitor spending on in-game purchases
    • Encourage alternative hobbies and activities
    • Use parental controls to restrict access to certain games
    • Seek professional help if early signs of addiction appear
    These measures can reduce the chances of addiction and provide a stronger foundation for any potential legal claims.

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