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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.
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OAN broke the news in San Diego, United States on Monday, June 30, 2025.
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