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.