Snapchat Case May Offer Opening For Design Defect Plaintiffs

Law360 (May 28, 2021, 4:40 PM EDT) -- Since the Communications Decency Act[1] was enacted in 1996, almost all courts have construed the statute broadly to provide immunity to internet platforms for third-party content.[2]

In Lemmon v. Snap Inc.,[3] however, the U.S. Court of Appeals for the Ninth Circuit recently reversed the district court's dismissal of an action against Snap. The court held that the CDA did not grant Snap immunity for a design defect claim relating to the Snapchat application itself.

Snapchat allows users to take photos or videos — commonly called snaps — with their smartphones, and share them with other Snapchat users. Lemmon concluded that the...

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