New York Judge Allows Wrongful Death Lawsuit Against Meta and TikTok Over Teen’s Subway Surfing Death
A NY judge allows a wrongful death lawsuit against Meta and TikTok after a teen died subway surfing, allegedly influenced by dangerous content on their platforms.
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Meta and ByteDance, parent company of TikTok, are facing a wrongful death lawsuit following the tragic death of 15-year-old Zackery Nazario, who died while subway surfing—a stunt allegedly influenced by content on their platforms.
The lawsuit was filed by Zackery’s mother, Norma Nazario, who claims that her son became addicted to dangerous challenge videos on TikTok and Instagram, which encouraged him to attempt the risky act. Zackery died on February 20, 2023, after climbing atop a moving J train in Brooklyn; he was fatally struck by a low beam near the Williamsburg Bridge and fell between subway cars.
A New York state judge, Justice Paul Goetz, ruled on Friday that Norma Nazario can proceed with her case, allowing her to argue that Meta and ByteDance “goaded” her son into the dangerous behavior by promoting addictive content. This ruling marks a significant development against the tech giants, who are seeking protection under Section 230 of the Communications Decency Act and the First Amendment’s free speech clause.
Both Meta and ByteDance have expressed their condolences, describing the incident as heartbreaking. However, the court’s decision signals a challenging legal path ahead for both companies, as this case could have wide-ranging implications for how social media platforms are held accountable for user-generated content.
