The Inherently Dangerous Instrumentality

February 18th, 2026: Facebook CEO Mark Zuckerberg is appearing in a Los Angeles courtroom today to testify in defense of his company regarding litigation asserting that his social media applications pose significant risk of harms (inclusive of suicide) to many users, from pre- and teenagers to psychologically vulnerable adults across all ages. The financial liability stakes could scarcely be higher. Reporting has it that some 1,500 liability lawsuits are awaiting trial, with more in the wings.

The legal liability principle that finally caught up with Big Tobacco (in the wake of some 80 years of litigative and regulatory effort) was that of the 'Inherently Dangerous Instrumentality." In short, the product, used as intended and directed, inexorably leads to excessive customer harms—up to lethal outcomes. Social media companies' revenue models require maximization of user engagement. The impolite word is "addiction."

I would favor expanding the analogy to firearms, notwithstanding it being admittedly a bit of a stretch (particularly in light of our 2nd Amendment).

 

 

The very purpose of a firearm is to launch metal projectiles at high speed in order to damage or destroy objects of users' focus—from paper targets to beer bottles or soup cans, to squirrels, rabbits, deer, birds, elephants, etc, to other humans.

And, yes, they can be used lawfully and "safely." C'mon.

Interesting legal times draw nigh in the digital space. That's for sure.