Why Epic Games is Facing Lawsuit From Parents

A Canadian judge ruled that a lawsuit can proceed against Epic Games that alleges children became addicted to "Fortnite" and that the developers knew the game was addictive.

The lawsuit filed by Canadian parents claims that "Fornite" was developed to be "highly addictive" and that Epic Games consulted psychologists to make it so. This lawsuit was filed in 2019 after concerns about "Fortnite" addiction were raised.

Quebec Superior Court Justice Sylvain Lussier ruled that the lawsuit could proceed on Dec. 7 and stated that it wasn't "frivolous," noting that video game addiction is comparable to the early awareness of tobacco addiction. Lussier added that "the harmful effect of tobacco was not recognized or admitted overnight."

He ruled that players who live in Quebec and have experienced symptoms of addiction after having played the Battle Royale edition of "Fortnite" since September 2017 can take part in the lawsuit. Lussier concluded that "there is a serious issue to be argued, supported by sufficient and specific allegations as to the existence of risks or even dangers arising from the use of Fortnite."

The judge agreed that the game may be addictive, but disagreed that Epic Games deliberately made "Fortnite" addictive.

"The court finds that there is no evidence for these allegations of the deliberate creation of an addictive game," wrote Lussier. "This does not exclude the possibility that the game is in fact addictive and that its designer and distributor are presumed to know it."

The suit showed evidence across family, social, educational and professional activities that were negatively impacted by "Fortnite" addiction. One parent in the filing, only identified by their initials, said that their son had played 6,923 games and would exhibit anger when his game time was limited and when a lock was placed on the computer. Another child referenced in the filing played more 7,700 games within two years, playing at least three hours a day.

All of the children included in the suit allege to have shown behavioral issues after playing "Fortnite."

Although there is no dollar figure included with the lawsuit and any possible compensation will be determined by the court, there is a second category that focuses on in-game purchases. The court declared that purchasers who were under the age of 18 could be eligible for restitution and a refund.

Epic Games has denied the validity of the suit in a statement.

"Parents can receive playtime reports that track the amount of time their child plays each week, and require parental permission before purchases are made," said Epic Games in the statement.