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Meta, TikTok can be sued by mother of NYC teen killed while 'subway surfing'
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Meta, TikTok can be sued by mother of NYC teen killed while 'subway surfing'
Jun 30, 2025 7:40 AM

NEW YORK, June 30 (Reuters) - Meta Platforms ( META )

and TikTok owner ByteDance must face a wrongful death lawsuit by

the mother of a 15-year-old Manhattan boy who died while "subway

surfing" on a moving train, a New York state judge ruled.

Justice Paul Goetz ruled on Friday that Norma Nazario can

try to prove Meta and ByteDance "goaded" her son Zackery into

subway surfing by addicting him to Instagram and TikTok, where

he viewed content about "dangerous challenges."

Meta, ByteDance and Snapchat parent Snap have faced

thousands of lawsuits saying their platforms are addictive,

causing harm to children, schools and governments.

Zackery Nazario died on February 20, 2023, after he and his

girlfriend climbed atop a Brooklyn-bound J train as it crossed

the Williamsburg Bridge.

His mother said a low beam struck Zackery, causing him to

fall between subway cars, which ran over him.

She said she later found several videos related to subway

surfing on Zackery's social media accounts.

Meta and ByteDance called Nazario's death "heartbreaking,"

but claimed immunity from user content under Section 230 of the

federal Communications Decency Act, and the free speech clause

of the U.S. Constitution's First Amendment.

But the Manhattan judge said Norma Nazario could try to

prove her son was targeted because of his age.

"Based on the allegations in the complaint," Goetz wrote,

"it is plausible that the social media defendants' role exceeded

that of neutral assistance in promoting content, and constituted

active identification of users who would be most impacted."

Goetz said Norma Nazario may pursue wrongful death, product

liability and negligence claims.

He dismissed her claims against New York City's Metropolitan

Transit Authority, saying common sense and "the realities of

life in this city" should have signaled to Zackery that subway

surfing was dangerous.

Meta, ByteDance and their lawyers had no immediate comment.

Norma Nazario's lawyers did not immediately respond to requests

for comment. The MTA did not immediately respond to a similar

request.

At least six people died from subway surfing in 2024, New

York City police have said.

The case is Nazario v ByteDance Ltd et al, New York State

Supreme Court, New York County, No. 151540/2024.

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