Fortnite Addiction Lawsuit

Video game addiction lawsuits, particularly those involving Fortnite, are gaining momentum as public awareness about the harm caused by gaming addiction grows. Fortnite, one of the most popular and addictive games in the world, has become the focal point of many gaming addiction lawsuits filed against its creator, Epic Games. These Fortnite lawsuits allege that Fortnite’s addictive qualities have caused severe mental, emotional, and physical harm, particularly to young players, sparking claims of negligent design and failure to warn.

Many lawyers rolled their eyes at these lawsuits when victims first began filing them. No one is rolling there eyes anymore. We are learning more and more about how Fortnite addiction is no accident.

Our lawyers discuss here gaming addiction and the very addictive qualities of Fornite specifically. We will also look at the allegations being made in Fortnite addiction lawsuits and the potential settlement amounts victims will see if these lawsuit are as succesful as our attorneys expect.

Video Game Addiction

Video game addiction is now universally recognized as a harmful mental health disorder similar to gambling addiction. Both the American Psychiatric Association and the World Health Organization have formally recognized “gaming disorder” as a mental health disease.

The medical definition of video game addiction or gaming disorder is escalating, compulsive video game playing where the gamer gradually prioritizes playing to the extent that it takes precedence over all other activities and interests in life. For a clinical diagnosis of gaming disorder to be made, the individual’s addiction must be sufficient severe that it causes impairment of personal, social, educational or occupational functioning.

Symptoms of Gaming Disorder

The clinical symptoms of video game addiction, or gaming disorder, can vary depending on individual circumstances but generally revolve around compulsive or excessive gaming. According to the American Medical Association (AMA), video game addiction can be diagnosed when an individual exhibits five or more of the following symptoms within a one-year period:

Preoccupation with gaming: Constantly thinking about or obsessing over gaming.
Withdrawal symptoms: Experiencing sadness, anxiety, or irritability when unable to play.
Increased tolerance: Spending more time gaming to achieve the same level of satisfaction.
Difficulty cutting back: Failing to reduce or quit gaming despite repeated efforts.
Neglect of other activities: Losing interest in previously enjoyed hobbies or activities due to gaming.
Gaming despite consequences: Continuing to play even when it causes personal, social, or professional problems.
Deception: Hiding or lying about the amount of time spent gaming to family or others.
Emotional escape: Using gaming to cope with negative emotions such as guilt, hopelessness, or stress.
Significant risk: Risking or losing important aspects of life, such as relationships, employment, or education, because of gaming.

Many of these symptoms, such as “preoccupation with gaming,” are subjective and depend on the individual’s specific circumstances and behavior patterns. The compulsive symptoms of gaming disorder are similar to the symptoms of drug addiction and other compulsive disorders.

Fortnite

Fortnite, developed and published by Epic Games, is at the center of a growing wave of video game addiction lawsuits targeting gaming companies for the harm their products cause to vulnerable users, particularly minors who are Target Audience #1 for Epic Games.

Released in 2017, Fortnite features three main game modes: Battle Royale, Save the World, and Creative. Virtually every kid in American knows this; few parents do. Each mode offers distinct gameplay but shares the same underlying design and addictive qualities. Battle Royale, the most popular mode, allows up to 100 players to compete in a free-for-all competition to be the last player standing. Players must scavenge for resources, build fortifications, and eliminate opponents. Save the World is a cooperative, pay-to-play mode where users defend against zombie-like creatures, earning in-game items and upgrades through gameplay. In Creative, users can design custom maps, games, and challenges. The game’s engaging features and free-to-play model have helped it dominate the gaming market, with over 239 million monthly players and billions in revenue.

Fortnite’s success is fueled by its use of addictive game design tactics, a key issue in many gaming addiction lawsuits. From its bright visuals to randomized rewards and constant gameplay updates, Fortnite’s mechanics are engineered to maximize user engagement. Players can spend real money to purchase “V-Bucks,” the in-game currency used to buy loot boxes, cosmetic items, and upgrades. These microtransactions have been central to Epic Games’ revenue, generating over $9 billion within two years of Fortnite’s release.

Plaintiffs in these Fortnite video game lawsuits allege that Epic Games intentionally designed Fortnite to be addictive, employing psychologists and behavioral experts to create features that exploit childrens’ brain chemistry. One tactic, the “near miss” effect, ensures players lose by narrow margins, compelling them to keep playing to chase the dopamine rush of a win. Additionally, random reward systems and daily quests encourage repeated play and in-game spending.

Unlike most other video games, Fortnite is free to download and play. You do not have to buy a license or physical copy of the game. You just need to create an account and download the game onto your gaming platform (e.g., Xbox, Playstation, etc.) Players can actually play entirely for free with not limit.

Epic makes money from Fortnite not by selling copies of the game, but by getting players hooked on the game and then selling them in-game upgrades and features. Players can buy Epic “V-Bucks” and then use those V-Bucks to purchase customizations and other features to use in the game. Today, Fortnite has become one of the most widely played video games on the market.

Fortnite is Highly Addictive

Fortnite is considered to be one of the most addictive of all video games on the market today. All video games getting players “hooked” through a process called intermittent reinforcement. When the player wins or succeeds the brain’s pleasure center is activated, releasing dopamine and creating a rewarding sensation that makes the gamer want to play more. However, if winning becomes too predictable, the excitement diminishes—much like eating your favorite dessert too often can make it lose its appeal.

To avoid this, games like Fortnite are intentionally designed so that victories are sporadic. The thrill comes not just from winning but from the anticipation of it. Each loss motivates us to keep trying, as our brains chase the dopamine rush that comes with the next virtual win. This cycle of reward and anticipation keeps players engaged and craving more.

All video games share this same design making them potentially addictive, but with Fortnite the addictive “rewards” system is amplified more so than many other games. This is partly because of the “winner take all” format to Fortnite in which reaching the ultimate goal of winning a round (by being the last player alive) is often even more rewarding than achieving success in other games.

Here are some of the features of Fortnite that make it addictive:

The game uses a 10-week seasonal structure where players “level up” and earn unique rewards along the way. At the end of each season, the game resets, requiring players to start again, which keeps engagement high.
To maintain excitement, Fortnite features live map events and frequent map changes, ensuring the game feels fresh and dynamic. Daily challenges also encourage players to return regularly, with incentives like “double points” on weekends boosting weekend activity.
The in-game shop, which refreshes daily, adds a sense of urgency, enticing players to check back often. Social pressure can also play a role, with some kids feeling compelled to spend money to avoid being bullied for not having “cool” characters or skins.

Research by behavioral psychologists it telling us that these tactics are not coincidental—they are the result of deliberate design choices aimed at maximizing player retention. Studies have likened video game addiction to gambling addiction because both exploit similar reward systems in the brain. It is a pretty diabolical scheme. I thikn we always knew on some level that they were manipulating chilren. But we did not know the extend of it. And we still may not. As lawsuits against gaming companies like Epic Games continue, lawyers will get deeper into pre-trial discovery to tell us exactly what psychological strategies these companies used.

Understanding these tactics is crucial for parents, policymakers, and plaintiffs navigating video game addiction lawsuits. By shedding light on how games are designed to foster addiction, we can hold companies accountable and advocate for safer gaming practices.

Beyond Just Addiction

The allegations in these personal injury and class action lawsuits against gaming companies extend beyond addiction. Plaintiffs’ suits claim that Fortnite’s design has caused significant harm to minors, including brain damage, social isolation, withdrawal symptoms, and mental health issues such as anxiety and depression.

Both gaming addiction class action lawsuits and injury claims highlight the lack of transparency from Epic Games, alleging the company failed to disclose the risks of addiction tied to Fortnite’s design. Epic also faces claims for deceptive practices, including using dark patterns to trick players—especially minors—into making unintentional purchases. These practices, combined with default settings enabling live chat and pairing minors with strangers, have exposed young users to bullying, harassment, and other harms.

Epic Games’ massive user base and revenue have made Fortnite a focal point in video game addiction lawsuits. The game’s free accessibility across multiple platforms, including cloud gaming services like Xbox Cloud Gaming, makes it nearly impossible for parents to monitor usage effectively. Epic’s marketing of Fortnite as “educational” and safe for minors, including its promotion of lesson plans for classrooms, is pretty ridiculous when you put it in context. As gaming lawsuits continue to unfold in 2025, Fortnite will have a particular target on its back.

Health Consequences of Fortnite Addiction

Excessive gameplay of Fortnite can have serious and far-reaching effects on a player’s mental, cognitive, and physical health, raising significant concerns about its impact on overall well-being.

Mental Health Effects

Prolonged gaming often leads to dependency, which can destabilize emotional health. Players may experience heightened anxiety, depression, and mood swings as they prioritize in-game achievements over real-world responsibilities and relationships. This dependency can result in social isolation, particularly among young players, who may withdraw from family, friends, and school activities to spend more time gaming.

Cognitive Impacts

Excessive gaming has been linked to alterations in brain development, particularly in children and adolescents. Research suggests that prolonged exposure to games like Fortnite can affect the prefrontal cortex, the area of the brain responsible for impulse control, decision-making, and critical thinking. These changes may impair emotional regulation, increase susceptibility to compulsive behaviors, and hinder the ability to effectively manage priorities.

Physical Health Issues

The physical toll of extended gaming sessions is also concerning. Poor posture during play often leads to musculoskeletal problems, such as back and neck pain, while repetitive movements can cause strain injuries in the hands and wrists. Additionally, prolonged screen time can disrupt sleep patterns, resulting in fatigue and, in children, potentially hindering growth and development. Is this a primary focus in this litigation? No. But beating down kids physically will beat them down mentally and that contributes to all of this. +-

Developmental Challenges

The cumulative effects of these issues will significantly hinder some childrens’ social, emotional, and academic development. Over time, excessive gaming leads many kids to chronic anxiety, difficulty forming social connections, and long-term physical health problems caused by neglect of basic self-care and activity.

Fortnite Addiction Lawsuits

Lawsuits are being filed nationwide by young individuals and their families who have suffered harm due to video game addiction, specifically gaming disorder linked to highly addictive games like Fortnite. These lawsuits seek financial compensation for damages suffered as a result of the addiction.

These cases fall under the category of product liability lawsuits, where manufacturers can be held accountable if their products cause harm to consumers. Product liability law typically includes three main claims: (1) failure to warn, (2) design defect, and (3) manufacturing defect. The Fortnite lawsuits focus on two of these claims: failure to warn and design defect.

Failure to Warn: The primary claim in these lawsuits is negligent failure to warn. Manufacturers have a legal obligation to inform consumers of any potential risks or harms associated with their products. If they fail to provide adequate warnings, they can be held liable for the resulting injuries.

The lawsuits allege that Activision, the developer of Fortnite, failed to warn consumers about the game’s addictive potential. Specifically, they claim Activision neglected to alert users to the harmful effects of video game addiction or the fact that certain groups—such as individuals with ADHD—are at greater risk. Plaintiffs argue that Activision’s failure to issue these warnings directly contributed to the injuries and harm experienced by countless users.

Design Defect: The lawsuits also assert that Fortnite was defectively designed with the intent to make it addictive. Under product liability law, manufacturers can be held liable for design flaws that render a product inherently dangerous or harmful when used as intended.

The plaintiffs argue that Fortnite and similar games were deliberately engineered to maximize addictiveness through features such as reward systems, repetitive gameplay loops, and psychological triggers. This intentional design, according to the lawsuits, has caused significant harm to players, making Activision liable for damages.

These lawsuits aim to hold Activision accountable for failing to address the risks associated with Fortnite and for designing a product that poses a significant danger to vulnerable users.

Potential Settlement Value of Fortnite Addiction Lawsuits

The video game addiction lawsuits, including those involving Fortnite, are still in their early stages, with no cases yet resolved through trial or settlement. This makes it difficult to predict settlement values with certainty. However, by making reasonable assumptions about the validity of these claims and drawing comparisons to settlements in similar types of litigation, it is possible to provide a speculative estimate of potential payouts.

Settlements in these cases will likely follow a tiered structure, where individual payouts are based on the severity of injuries and the strength of each plaintiff’s case. Plaintiffs with the most serious injuries will fall into the highest tier, while those with less severe injuries will be placed in lower tiers.

1^st Tier – Severe Injuries: $300,000 to $2 Million

The top settlement tier is expected to include plaintiffs who suffered life-altering or catastrophic injuries as a result of their gaming addiction. These injuries would likely involve significant, permanent impacts on their physical or mental health. Settlement payouts for Tier 1 cases could range from $300,000 to $2 million. You will not see a lot of these cases but there are some addiction lawsuits that could see seven-figure settlement amounts.

2^nd Tier – Moderate Injuries: $60,000 to $300,000

This settlement tier will include plaintiffs who experienced moderate injuries, such as severe but temporary harm that did not result in permanent impairment. Settlement payouts for Tier 2 cases are anticipated to range between $60,000 to $300,000

3^rd Tier – Minor Injuries: $5,000 to $50,000

The lowest settlement tier will cover plaintiffs with relatively minor injuries linked to their gaming addiction. These cases will involve less severe impacts, resulting in smaller payouts, likely ranging from $5,000 to $50,000

While these estimates are speculative, they provide a framework for understanding how settlements might be structured in Fortnite addiction lawsuits. As the litigation progresses, we will know a lot more about how these cases will likely play out and we will be able to revise our estimates.

How a Global Fortnite Settlement Would Likely Work

For simplicity, we gave you settlement tier to group values. Settlement tiers, while useful for providing a general framework, are more of an artificial construct when it comes to mass tort litigation like Fortnite addiction lawsuits. They’re a starting point, not an endpoint. If these claims are ever resolved en masse, you’re not going to see strict categories like “Tier 1” or “Tier 2.” Instead, you’ll likely see a points system—a more nuanced approach that evaluates claims on individual factors.

What does that mean? A points system takes into account key elements of a plaintiff’s case. How severe were the injuries? Did the plaintiff require medical treatment? Was there a diagnosis like anxiety, depression, or even compulsive gaming disorder? And importantly, how old was the plaintiff? Courts and defendants will look closely at whether a 12-year-old spent hundreds of hours on Fortnite or whether it was an adult gamer. Context will matter a lot to tailor settlements to the individual claims.

Other factors? Economic damages, for one. Did the addiction lead to therapy costs, medical expenses, or lost educational opportunities? Emotional harm is another. Evidence of social isolation, family strain, or academic decline will carry weight if/when we are calculating settlement amounts for Fornite gaming lawsuits.

Fortnite Lawsuits Will Have a Higher Settlement Value

Lawsuits involving addiction to Fortnite will probably have a somewhat higher settlement value compared to other video game addiction lawsuits. The primary reason for this is that Fortnite is perceived to be more addictive than many other video games. Fortnite is also the most popular of all the video games involved in the litigation. Also, the average age of Fortnite gamers is somewhat younger than other games. These 3 factors will give Fortnite addiction claims a higher settlement value.

Who is Eligible to File a Fortnite Addiction Lawsuit?

Our firm is currently accepting new Fortnite addiction lawsuits in all 50 states. However, we are only accepting new cases from prospective plaintiffs who mee the following criteria:

24-years-old or younger
Played Fortnite for at least 2 hours per day for minimum of 5 weeks (70 hours over 5 weeks)
Medically diagnosed with any of the following conditions: gamer’s rage, depression, anxiety, seizures, orthopedic injuries.
Received at least some medical treatment for gaming addiction or disorders related to game addiction

Contact Us About Video Game Addiction Lawsuits

Our firm is accepting Fortnite addiction lawsuits across the country. Call us today for a free case evaluation. Call us at 800-553-8082 or contact us online.