Meta, TikTok Can’t Toss Wrongful Death Suit From Mom of “Subway Surfing” Teen
- On February 20, 2023, 15-year-old Zackery Nazario died after subway surfing atop a Brooklyn-bound J train crossing the Williamsburg Bridge, where he was struck by a low beam and fell between cars.
- The incident prompted a wrongful death lawsuit filed by Zackery's mother against Meta Platforms and ByteDance, accusing the companies of addicting Zackery to Instagram and TikTok videos that 'goaded' him into subway surfing.
- Justice Paul Goetz of the New York State Supreme Court ruled last Friday that Norma Nazario is allowed to proceed with legal actions involving wrongful death, product liability, and negligence against Meta Platforms and ByteDance, but he dismissed the allegations made against the Metropolitan Transit Authority of New York City.
- Goetz stated it is plausible social media platforms exceeded neutral roles by actively identifying and targeting Zackery due to his age with dangerous challenges, and Nazario can seek discovery to prove this targeting.
- The ruling lets the case proceed despite Meta and ByteDance’s Section 230 immunity claims, indicating possible legal shifts requiring platforms to update algorithms to avoid promoting dangerous content to teens.
20 Articles
20 Articles
Judge: TikTok, Meta Must Face Mother's Wrongful Death Suit over Teen's Fatal 'Subway Surfing' Attempt
A mother's lawsuit against Mark Zuckerberg's Meta and China's TikTok over her teenage son's death while attempting a viral "subway surfing" challenge will proceed, as a judge largely denied the social media giants' motions to dismiss the case.
Meta, TikTok Can Be Held Liable For Subway Surfing Death Of 15-Year-Old Boy Addicted To Viral Challenges, Says New York Judge - Meta Platforms (NASDAQ:META)
A New York judge ruled that Meta and ByteDance can be held liable in a wrongful death lawsuit filed by the mother of a 15-year-old who died while subway surfing, alleging that social media platforms fueled his addiction to dangerous viral challenges.
Meta, TikTok Can Be Sued By Mother Of New York Teen Killed While 'Subway Surfing'
Meta Platforms 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.
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