June 30,2025
RED FM News Desk
A New York state judge has ruled that Meta Platforms and ByteDance, the parent company of TikTok, must face a wrongful death lawsuit filed by the mother of a 15-year-old Manhattan boy who died while “subway surfing” on a moving train.
Justice Paul Goetz issued the ruling on Friday, allowing Norma Nazario, the mother of Zackery Nazario, to proceed with her claims that Meta and ByteDance encouraged her son’s dangerous behavior by allegedly addicting him to Instagram and TikTok, where he was exposed to content promoting hazardous stunts and challenges.
Zackery died on February 20, 2023, after he and his girlfriend climbed atop a Brooklyn-bound J train crossing the Williamsburg Bridge. According to his mother, he was struck by a low beam and fell between train cars, where he was fatally injured. She later found subway surfing videos on his social media accounts.
Meta and Byte Dance described the incident as “heartbreaking” but argued they were protected by Section 230 of the Communications Decency Act and the First Amendment, claiming immunity from liability for user-generated content. However, Justice Goetz said Nazario may proceed with her claims, noting that based on the complaint, it is “plausible” the social media companies went beyond acting as neutral platforms and may have actively promoted harmful content to vulnerable users like Zackery.
The judge dismissed claims against the Metropolitan Transportation Authority (MTA), stating that “common sense and the realities of life in this city” should have made the dangers of subway surfing apparent. Nazario is permitted to pursue claims of wrongful death, product liability, and negligence.
Meta, ByteDance, and their legal teams have not yet commented on the ruling. Neither Nazario’s lawyers nor the MTA have responded to media inquiries.
According to the New York City Police Department, at least six individuals have died from subway surfing in 2024 alone.
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