Grindr Should Face Suit Over Death of Child App User, Judge Says

Grindr failed to persuade a magistrate judge it can shake wrongful death and negligence claims from the family of a minor who died of a self-inflicted gunshot after using the LGBTQ+ app.

The court should allow most of the family’s claims to proceed, Magistrate Judge Patricia D. Barksdale, of the US District Court for the Middle District of Florida, recommended Tuesday. The family’s complaint alleges “facts making plausible that Grindr’s conduct was a ‘substantial factor’ in producing” their child’s suicide or other injuries, Barksdale said in a report and recommendation to Judge Marcia Morales Howard.

The unnnamed mother and now deceased father of “A.V.,” the late child, sued Grindr Inc. in 2022 in the Florida federal court. The complaint says the dating app lured in minors like A.V. and “served them up on a silver platter” to adults seeking sex with minors. A.V.'s use of the app led to “severe emotional distress and bodily injuries culminating in A.V.’s death,” the complaint argues.

Grindr moved to dismiss, arguing it’s shielded by Section 230 of the Communications Decency Act, a measure blocking some claims against web platforms based on the actions of users. Grindr and other tech companies have successfully used the provision to block prior suits. Howard referred the motion to Barksdale for a report and recommendation.

To prevail on a Section 230 defense, Grindr must show the claims “treat Grindr as the publisher or the speaker of information provided by another information content provider,” Barksdale said. “Grindr falls short.”

The complaint alleges Grindr’s liability stems partly from its app features that sort users by physical type and location. The complaint “treats Grindr not as the publisher or speaker of information provided by another information content provider but as a publisher or speaker of information Grindr provided,” Barksdale said. “To the extent the responsible persons or entities are unclear, discovery, not dismissal, comes next.”

Barksdale recommended the court allow the suit to proceed on seven of the eight counts under theories of product design defect, negligence, infliction of emotional distress, and negligent representation. The claim for relief under a federal anti-trafficking law should be tossed, however, for failing to plausibly allege Grindr engaged in sex trafficking, the judge said.

Howard will ultimately decide whether to adopt Barksdale’s recommendations.

The report comes as courts grapple with the extent of Section 230’s liability shield. Meta Platforms Inc. failed to fully escape a suit from users who fell victim to scam ads after the Ninth Circuit in June found the company isn’t completely protected by the provision. Two cases raising issues regarding Section 230 are pending before the Eleventh Circuit from the Middle District of Florida, including one against Grindr, Barksdale said.

Viles & Beckman LLC represents A.V.'s family. Davis Wright Tremaine LLP and Walters Law Group represent Grindr.

The case is T.V. v. Grindr, LLC, M.D. Fla., No. 3:22-cv-00864, 8/13/24.