Over a year ago, we brought you the story of an Uber driver who had been hit at over 100 mph. The driver of that car was allegedly using Snapchat at the time of the crash. So, the wife of the Uber driver sued Snapchat, but the judge dismissed the claim. Now, an appeals court has handed down a ruling about the Snapchat speed filter—reigniting an almost forgotten case.
The Resurrection of the Snapchat Speed Filter Lawsuit
When the wife of the Uber driver who sustained a traumatic brain injury filed a lawsuit against Snapchat, the case was met with skepticism. The judge overseeing the lawsuit ruled that under section 230 of the Communications Decency Act (CDA), Snapchat could not be held liable for the speed filter post. This is because the CDA protects internet service providers from liability when it comes to the creation and publication of content made using its products. However, the Georgia Court of Appeals did not agree.
When examining the facts of this case, three appeals court judges agreed that the Snapchat speed filter lawsuit did not fall under CDA immunity. The court found that the case was focused on the whether the speed filter encouraged reckless driving behavior. Since the lawsuit was not centered on the issue of a speed filter post being made, the judges felt that the case should move forward.
That means that the lawsuit will return to trial court where the claim will continue to be litigated. For the many people that were hurt by drivers using the speed filter app, this provides new hope. These victims may be able to pursue compensation after all, but will they?