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Quick Facts

Quick Facts

Fortnite loading screen.
  • Developer: Epic Games
  • Type of Game: Online multiplayer game
  • Year Game Released: 2017
  • Age Rating: T – Teen (13 and older)
  • Potential Severe Complications: Addiction, depression, anxiety, seizures, and gamer’s rage
  • Lawsuit Type: Individual civil lawsuits (may become an MDL)
  • Lawsuit Status: Active

Fortnite Lawsuit – February 2025 Update

Individuals are filing Fortnite addiction lawsuits against Epic Games because young users are becoming addicted. Playing Fortnite for extended periods of time is causing anxiety, depression, seizure disorders, and gamer’s rage in some children and teens. Parents and advocates accuse Epic Games of knowingly creating an addictive game that exploits young users’ vulnerabilities—like social anxiety, the need to belong, and low impulse control. Parents are filing individual lawsuits in state courts to recover compensation for their and their children’s injuries.

Fortnite Lawsuit Timeline & News – February 2025

January 22, 2025: Fortnite Players Beware: Study Examines Video Game Addiction and Its Consequences

Researchers in Saudi Arabia published a study that examined video game addiction and its consequences on young people. The study, called “Symptoms, Mechanisms, and Treatments of Video Game Addiction,” noted that reward systems, social opportunities, and other factors can lead to addictive-like behaviors in youth. The authors’ research reaffirmed that addiction to video games, like Fortnite, can change how a young person’s brain works, much like other addictions can (e.g., alcohol, drugs, or gambling). These negative side effects have led many parents and young people to pursue lawsuits against Epic Games and other developers.

December 26, 2024: Evette Gibson Sues Epic Games Over Son’s Fortnite Addiction

On December 26, 2024, Evette Gibson filed a legal complaint against Epic Games—the maker of Fortnite—for creating an addictive game that she thinks harmed her son. She claims her son developed a gaming addiction and suffered academic losses and serious behavioral disturbances because of it. Evette believes Epic Games was aware of the risks to developing minds—like her son’s—but the company ignored these to maximize its profit. 

November 29, 2024: Study Highlights Connection Between Anxiety, Depression, and Internet Gaming Addiction Among Children and Adolescents

According to a study, young people who excessively play Fortnite and other video games can experience multiple negative impacts to their mental health. The study, called “The symptom network of internet gaming addiction, depression, and anxiety among children and adolescents,” revealed a troubling link between anxiety, depression, and gaming addiction in young children. Some of the video game addiction symptoms children experienced included panic, difficulty breathing, fear of making a fool of themselves, and not being able to motivate themselves to do other things. According to this 2024 research project, while young males in the study appear more likely to develop a gaming addiction, participants of all genders experienced anxiety and depression. 

September 12, 2024: Over 500 Million Registered Users on Fortnite Though Children Are Developing Gaming Addictions

According to Statista, there were over 500 million registered users on Fortnite as of March 2023. Fortnite has enjoyed a surge in popularity in recent years. Its live events and concerts, seasonal challenges, customizable gameplay, and social validation features continue to draw users in so they can feel like they are part of a larger community. Even still, parents across the United States are speaking out about their children’s Fortnite gaming addictions and how it is impacting their children’s education, mental health, physical health, financial decisions, and relationships.

What is the Fortnite Addiction Lawsuit About?

In the Fortnite addiction lawsuits, parents seek to hold Epic Games and other game-makers responsible for designing programs their children are becoming addicted to. As a result of these addictions, children are suffering from serious health consequences. For example, children become attached to Fortnite’s constant social and environmental validation and experience significant challenges when trying to engage with real life. Parents may hope that holding Epic Games responsible for its actions will bring their families fair compensation and encourage much-needed changes in Fortnite and the gaming industry.

Fortnite Lawsuit Information
Main Injuries:Addiction, depression, anxiety, seizures, oppositional defiance disorder and gamer’s rage
Defendants:Epic Games
Mass tort or class action?Individual Civil Lawsuits. It may develop into a multidistrict litigation. 
Have There Been Settlements?No
Active Lawsuit?Yes
This infographic gives basic information regarding the Fortnite video game addiction lawsuit. Image of the Fortnite loading screen.

Why Are People Filing Fortnite Lawsuits?

Parents are filing lawsuits because they are noticing the profound impacts Fortnite is having on their children’s mental well-being, physical health, academic performance, and social connections. They believe Fortnite is designed to be addicting to young minds and encourages a compulsive need to play beyond what is fun and engaging. 

Parents believe alluring features like dancing emotes, limited-time events and merchandise, variable skins, and perpetual matches create a toxic environment children find hard to turn away from. Parents are suing Epic Games to recover from the losses they and their family have endured, including their children’s gamer’s rage, depression, addiction, and anxiety.

What Is Fortnite?

Fortnite is a free-to-play, cross-platform game released in 2017 that allows users to battle, explore, and socialize remotely in a fast-paced environment. Like Roblox, Minecraft, and other games, Fortnite empowers users to customize their in-game experience. 

For example, Fortnite players can express themselves during and after battles with dancing emotes—pre-programmed dances users can purchase and use. Fortnite also hosts limited-time events, like Fortnite Battle Royale’s Winterfest 2024, which featured Mariah Carey, Shaq, and Snoop Dogg, as well as quests, outfits, and interactive characters on a winterland-themed island. 

This infographic provides quick facts about the game Fortnite.

What Stage is the Fortnite Lawsuit In?

The Fortnite lawsuit is in its early stages, with parents beginning to file claims in civil courts across the United States. As attention on Fortnite addictions in young children grows, these lawsuits may be combined into multidistrict litigation at the federal level. Concerned parents are encouraged to contact an attorney focusing on video game lawsuits if they believe their children are addicted to Fortnite and are suffering serious side effects. 

About the Defendant: Epic Games

Tom Sweeney founded Epic Games in 1991 in the United States. Epic Games published a paid version of Fortnite before releasing its current free-to-play title. Players can purchase V-Bucks, which they can use to buy items like wraps, pickaxes, Battle Royale passes, and in-game cosmetics—like car decals, outfits, and sprays. In 2023, Fortnite was the most downloaded PlayStation 2 game from the PlayStation Store in the United States, Canada, and the European Union. 

Allegations Against Epic Games

Parents allege that Epic Games designed Fortnite to be addictive for young children. People also believe that Epic Games had enough information to realize children were at a higher risk of becoming addicted. Parents believe that Epic Games ignored the dangerous consequences of Fortnite’s design on vulnerable populations. People who file lawsuits believe Epic Games should be held liable for the mental, academic, physical, and financial injuries children are suffering.  

What Is Fortnite Video Game Addiction?

When a child compulsively plays Fortnite, this uncontrollable urge to play the game may turn into an addiction. The American Psychiatric Association (APA) acknowledged internet gaming disorder (IGD) in the research section of the Fifth Edition of its Diagnostic and Statistical Manual. 

According to the APA, symptoms of IGD might include significant impairments in multiple areas of the child’s life. Signs of IGD include:

  • Social withdrawal
  • Changes in academic performance
  • Withdrawal from family
  • Withdrawal from previously enjoyed activities
  • Disrupted sleep
  • Changes in eating patterns
  • Changes in exercise or activity patterns
  • Procrastinating going to the bathroom

Children might experience any of these issues and choose to play Fortnite over self-care.

What Are the Signs of Fortnite Addiction?

A Fortnite addiction might appear in a child’s life in many ways. For example, the child may appear agitated, stressed, or depressed when not playing, and they may spend a great deal of time talking or thinking about the game. Additionally, they may lash out at parents, friends, siblings, or babysitters when they are asked to stop playing the game or warned that their game time limit is coming up. 

Likewise, the child may suffer from headaches, difficulty sleeping, poor academic performance, emotional outbursts, and isolation. Parents who think their child is showing worrying signs of a Fortnite addiction are encouraged to consult their pediatrician and create a plan to reduce game time. 

What Makes Fortnite Addictive?

Fortnite has many features that create an engaging and immersive experience for users. For example, Fortnite Festival Season 6 invited users to play a limited-edition, rhythm and music-based game featuring icon Snoop Dogg. Users can play this on their own or join with friends and fellow community members, each donning various Snoop Dogg-themed items they can win, find, or purchase. 

Fortnite provides social validation by allowing users to connect with family, friends, and others on the platform during matches. Adolescent users may take refuge in their ability to satisfy their need to socialize and to find and express their ideal selves through skins, items, and other cosmetics in a way they cannot in real life. 

Additionally, children may become addicted to the dopamine release cycle involved in many of the challenges, especially those that are timed, part of a community event, or limited-edition. Even if the user does not win the match, a near-win may make them feel like they could have won if they had stayed on it just a little longer, fueling a desire to keep playing. 

How Are the Different Modes in Fortnite Addictive?

Fortnite has many different modes, each of which can become addictive to young users for various reasons. In Battle Royale by Epic, 100 players compete to be the “last one standing.” The game’s socialization, comradery, and highly competitive features allow users to curate unique personas and take risks in an engaging atmosphere beyond what they could do in real life. Battle Royale has a suite of mini-games, challenges, matches, and other experiences for users to engage with. 

Fortnite Save the World is a co-op game where users and their real-life or in-game friends can work together to build and defend a world under attack by monsters. No two rounds of Save the World are the same, offering an endless supply of missions and experiences. Fortnite Creative empowers users to create games they can share and play with their friends or millions of users globally. 

In LEGO Fortnite Odyssey, players can explore, build in, and conquer a customizable realm limited only by their imagination. Users can race against others or go for casual joy rides in an expansive and engaging landscape in Rocket Racing. Fortnite Festival Main Stage invites users to play a rhythm-based game with multiple seasons, each featuring different artists, skins, instruments, songs, and quests. 

This infographic is a chart of the different Fortnite game modes and what addictive elements are present in each game mode.

Fortnite’s In-Game Currency V-Bucks

Fortnite V-Bucks are the in-game currency that users buy to purchase game passes—e.g., to the Festival Main Stages or Battle Royale—items, skins, cosmetics, and other upgrades. Players can also win or earn V-Bucks by winning or completing challenges or attending limited-edition Fortnite events. Once purchased, V-Bucks cannot be converted into real money.

Are V-Bucks Similar to Gambling?

The Fortnite V-Bucks schema can trigger the same physiological and behavioral responses as gambling. For example, users may use V-Bucks to purchase loot boxes, which provide benefits that, until recent years, were undisclosed to users before the sale. Players can also participate in events, challenges, and matches where they can win or earn V-Bucks. This financial incentive may trigger the same or similar reward system as for gambling. This is particularly concerning because millions of Fortnite’s users are under the age of 18. 

Studies About Video Game Addiction in Children and Young People

Researchers have been looking into how video game usage impacts a child’s physiological, behavioral, academic, and social development for over a decade. For example, in 2014, studies observed a concerning link between depressive symptoms and daily exposure to violent video games—such as the scenes children would encounter in Fortnite—particularly in young boys of all races and African American children. With the rise of video game usage during and after the COVID-19 pandemic, internet gaming disorders and video game addictions are drawing more attention from parents, caregivers, teachers, and mental health professionals.

Important Study: The directionality of anxiety and gaming disorder: An exploratory analysis of longitudinal data from an Australian youth population

The directionality of anxiety and gaming disorder: An exploratory analysis of longitudinal data from an Australian youth population explored the connection between anxiety in 4,968 Australian children ages 12 through 14 and the development of a gaming disorder during the COVID-19 pandemic. In particular, the study authors wanted to track the progression of the adolescent’s anxiety as they played more and more video games to the point of developing a gaming disorder. 

According to the results, about 15 percent of the 13-year-olds and 16 percent of the 14-year-olds involved in the study matched the criteria for a gaming disorder. As the children involved in the research increased their game time, their anxiety symptoms worsened, which appeared to ramp up their need to play video games. The authors believe the findings suggest that young adolescents are “more vulnerable to developing a gaming disorder.” The researchers also noted the need to consider the child’s risk factors—and motivation for wanting to play video games—when developing a treatment plan.

Overview: The directionality of anxiety and gaming disorder: An exploratory analysis of longitudinal data from an Australian youth population
Description of Study:Exploring the association between and progression of anxiety and gaming disorders in adolescents. 
Published In:Frontiers in Psychology
Study AuthorsSeungyeon Kim, Katrina E Champion, Lauren A Gardner, Maree Teesson, Nicola C Newton, Sally M Gainsbury
# of Participants4,968
FindingsChildren’s anxiety rose as they increased their game time, which also intensified their motivation to play video games. 

Can Parents File Fortnite Lawsuits for Their Children?

Parents and legal guardians may be able to file Fortnite addiction lawsuits on behalf of their children if they meet the eligibility criteria. Parents and legal guardians can take legal action in state court by filing individual cases. If a federal multidistrict litigation forms in the future, parents can transfer their state cases into the larger MDL.

What Damages Can People Sue Fortnite and Epic Games For?

Young people and children who suffer from video game addictions they developed because of Fortnite’s design may qualify to receive compensation to cover their losses. If the person with the Fortnite addiction wins their lawsuit, they may be eligible for a financial award for damages relating to the addiction. For example, they may get reimbursed for treatment expenses for their video game addiction, including therapy, tutoring, and rehabilitation services. The person may also receive restitution to address the loss of their quality of life because of how much their Fortnite addiction controls them. 

Who Qualifies to File a Fortnite Lawsuit?

In order to file a Fortnite addiction lawsuit, each person has to meet certain eligibility requirements. Our legal partners are taking lawsuits from people who meet the following eligibility requirements:

  • The person must have started playing Fortnite before turning 24. 
  • The person’s symptoms must have shown up before the person turned 25. 
  • The person must have played Fortnite for at least three hours a day for at least five weeks. 

Additionally, the person must be able to show that their doctor diagnosed them with depression, anxiety, or gamer’s rage because of their Fortnite addiction. An attorney who handles Fortnite addiction lawsuits can help people determine if someone meets these eligibility criteria. A lawyer can also help the person gather information to shape a strong case in their favor. 

What Proof Do You Need to File a Fortnite Lawsuit?

Filing a Fortnite addiction lawsuit requires you to have evidence to support each of the eligibility criteria. For example, you might locate medical records where your doctor said your child experienced mental health issues and required treatment. Likewise, you could log into your child’s account and screenshot the console’s detailed stats for how long your child has played Fortnite. 

If your child spent an excessive amount of money on Fortnite, you could also print out these receipts to support your claim for economic damages. Lastly, testimony from family, friends, teachers, and neighbors may be helpful to show how your child’s behavior changed once they began playing Fortnite and developed an addiction. 

Six Steps to File a Fortnite Lawsuit

These are the six steps for filing a Fortnite addiction lawsuit:

  1. Talking to an attorney who understands Fortnite addiction
  2. Preparing the legal complaint for filing
  3. Gathering key evidence to use for your case
  4. Trying to settle the lawsuit with Epic Games
  5. Arguing your lawsuit during a trial
  6. Receiving a fair payout or filing an appeal

Filing a Fortnite addiction lawsuit begins with talking to a knowledgeable attorney who handles Fortnite addiction cases. Our firm can talk to you about your situation and help you determine if you meet the eligibility criteria to sue. Next, you would prepare the legal complaint, which is the document you file with the court and how you tell the court why you are suing and what you believe is a fair outcome for your case.

You would also need to participate in the discovery process, where you and the other people involved in the lawsuit locate and exchange materials you can use as evidence. Then, you and your Fortnite addiction attorney may try to negotiate a reasonable settlement so you do not have to go to trial. However, if these discussions are unsuccessful, you may have to go to trial to seek a court judgment or jury verdict. If you win your case, you receive a payout. You may be able to file an appeal if your case is unsuccessful.

What to Expect When Filing a Fortnite Lawsuit

Filing a Fortnite lawsuit may allow you to seek justice against Epic Games because of the harm their video game caused your child and family. That said, there are specific steps you need to follow to maximize your chances of winning your case. 

For example, you must file a legal complaint before the statute of limitations expires. Then, you and the other side would exchange information, which you can use to help strengthen your arguments or weaken the defendant’s arguments. You may find it useful to work with an experienced gaming addiction attorney who can help you understand and prepare for the process.

What is the Deadline for Filing a Fortnite Lawsuit?

You must file your Fortnite addiction lawsuit within a certain amount of time, which is called the statute of limitations. Typically, this deadline begins when one event occurs and ends after a period of time passes, and each state has rules about these parameters. For example, the filing window may have opened when your child started experiencing gamer’s rage or turned 18, and the opportunity to sue may close several years after. Exceptions to the standard filing deadline may give you more time to sue. A knowledgeable attorney is an invaluable resource to help you identify what deadline applies to you.

Fortnite Lawsuit Settlements and Awards

Since the Fortnite addiction lawsuits are so new, there have not been any settlements yet. However, our attorneys estimate that some video game addiction lawsuits may range between $100,000 and $300,000. There is no guarantee that a plaintiff will receive a specific amount or any compensation at all. Individual settlement amounts will vary based on many factors, such as the severity of the child’s injuries, such as anxiety, depression, gamer’s rage, and addiction. 

Factors Affecting the Value of a Fortnite Lawsuit

How much someone might receive if they win their Fortnite lawsuit depends on several variables. For example, more severe losses—such as depression or anxiety requiring extensive therapy or in-patient treatment—might call for a higher financial award than those whose injuries are minor or temporary. 

Likewise, if the person’s gaming addiction has a profound impact on their quality of life and the functionality of their family, they might receive a higher settlement offer. Lastly, how quickly they file their claim and preserve and present evidence can impact the outcome.  

Learn More About Fortnite Lawsuits From Our Legal Team

While many children may use Fortnite as a creative and community outlet, mounting evidence suggests that it is an addictive and potentially harmful game for children’s developing brains. If your child developed gamer’s rage, anxiety, depression, addiction, or other injuries because of a Fortnite addiction, you may qualify for a settlement. 

Our law firm invites you to forge a partnership with us. We can help you hold Epic Games accountable. We have gone up against dozens of large corporations, and we welcome the chance to hold Epic Games liable on your behalf. Contact us today to schedule a consultation.

FAQs

People are filing Fortnite lawsuits because they or their children are forming gaming addictions and experiencing gamer’s rage, anxiety, depression, and other injuries.

Your child may be obsessed with Fortnite because of the addictive design of the game and because they have risk factors—like having social anxiety or being an adolescent.

Fortnite can be addictive because of its competitive, customizable, and community features, including seasonal events, timed challenges, and dancing emotes.

Yes. Evidence suggests that people with ADHD are at a higher risk of developing addictions to video games because of the way video games interact with their neurodivergent brains.

Research shows a link between playing games like Fortnite and worsening depression, anxiety, ADHD, and gamer’s rage.

Yes. There is evidence that some features of Fortnite and similar video games can be addictive to children and teens.

If you think your child is addicted to Fortnite, consider talking to their pediatrician and creating a plan to reduce game time.

Symptoms of a Fortnite addiction include withdrawal symptoms when your child cannot play, violent or extreme emotional outbursts when your child is told to log off, and playing video games instead of socializing with friends or family in real life.

Someone may be eligible to file a lawsuit because of a Fortnite addiction if they began playing Fortnite before the age of 24 and started experiencing symptoms before turning 25. Additionally, they should show that they played Fortnite for at least three hours a day for at least five weeks.

Your state’s laws will tell you how long you have to file a legal claim because of your Fortnite addiction. An attorney can research these rules for you and tell you what your deadline is.

Yes, you can file a lawsuit if your child is addicted to Fortnite, meets the eligibility criteria, and the deadline has not passed.

Yes, you may be able to sue if you became addicted to Fortnite as a child and you meet the eligibility criteria.

Settlements in Fortnite addiction cases depend on the unique circumstances involved in your situation, including the severity of your losses and the strength of your claim against Epic Games.

If your attorney takes your case on contingency, you may not have to pay upfront legal fees. Talk to your attorney about what fee arrangements they use to determine what you will need to pay.

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WRITTEN BY

Robert King

Attorney

Robert King is the founding partner of The Law Office of Robert King PLLC (King Law). He was born, raised, and educated in upstate New York. He received his Juris Doctor from Syracuse University College of Law in 2007, and his B.A. from St. John Fisher University, where he graduated summa cum laude. After serving as senior trial attorney for the Special Victims Unit in Monroe County, NY, he started his own firm. King Law focuses on civil litigation, particularly mass torts and complex cases involving major injuries, dangerous products, drugs, and environmental contaminants.