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Lama v. Meta Platforms Inc.

Communications Decency Act §230 Bars Claims for Negligent, Strict Products Liability

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DECISION and ORDER Currently before the Court, in this personal injury action filed by Luciano J. Lama (“Plaintiff”) against Meta Platforms, Inc. (“Meta”), and Instagram, LLC (“Instagram”) (collectively “Defendants”), is Defendants’ motion to dismiss Plaintiff’s Amended Complaint for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. No. 32.) For the reasons set forth below, Defendants’ motion is granted. I. RELEVANT BACKGROUND A. Plaintiff’s Amended Complaint Generally, in his Amended Complaint, Plaintiff asserts claims for negligent and strict products liability, both premised on an alleged defect in the design, testing, inspection, manufacture, distribution, labeling, sale, and promotion of the Instagram app. (Dkt. No. 27.) Specifically, Plaintiff alleges that Defendants failed “to implement a child protective procedure whereby parents, school personnel, and other children[-]responsible persons would be able to protect against online bullying wherein the defendants’ products were foreseeably weaponized to facilitate online bullying,” and that, as a result of this failure, Plaintiff was harmed when he was subjected to hateful and bullying comments that were made about him on the “nrcs.anythings” Instagram account. (Id. at

16-25.) Plaintiff also alleges that, although his school had requested (through “the app’s defective policies and procedures”) that Defendants remove this account from the Instagram app, Defendants failed to do so, and that Defendants’ failure resulted in Plaintiff’s injuries. (Id. at

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