NEW YORK – A New York state judge has allowed a wrongful death lawsuit to proceed against Meta Platforms and TikTok’s parent company, ByteDance, connected to the tragic death of a 15-year-old boy, Zackery Nazario, who died while “subway surfing” on a moving train.
Justice Paul Goetz decided that Zackery’s mother, Norma Nazario, could argue that the companies contributed to her son’s death by making addictive platforms like Instagram and TikTok, which featured content about dangerous activities.
Both Meta and ByteDance, along with Snap (the parent company of Snapchat), have been defendants in numerous lawsuits alleging that their platforms are harmful and addictive, especially to younger users.
Zackery lost his life on February 20, 2023, when he and his girlfriend climbed onto the roof of a J train crossing the Williamsburg Bridge. Norma claimed that a low beam hit Zackery, leading to his fall between the subway cars where he was tragically run over.
She later discovered that Zackery had several videos regarding subway surfing on his social media accounts.
While Meta and ByteDance expressed their condolences over Zackery’s death, they argued that Section 230 of the Communications Decency Act provides them protection from liability concerning user-generated content. They also referenced the First Amendment’s free speech rights.
However, Judge Goetz hinted that there could be grounds to argue that the social media platforms specifically targeted young users like Zackery. He stated that the nature of the allegations might suggest that the companies went beyond simply promoting content.
As a result, Norma Nazario can pursue claims of wrongful death, product liability, and negligence against Meta and ByteDance, although her claims against the Metropolitan Transit Authority of New York City were dismissed. The judge noted that the dangers of subway surfing should have been apparent to Zackery due to the urban environment.
No immediate comments were available from the companies or from the Metropolitan Transit Authority upon request.
Reports indicated that subway surfing led to at least six fatalities in New York City in 2024.
The case is filed as Nazario v ByteDance Ltd et al in the New York State Supreme Court, New York County.
