Justice Paul Goetz of the New York State Supreme Court in Manhattan issued the decision on Friday, allowing Norma Nazario to pursue claims that social media companies “goaded” her son Zackery into attempting the dangerous stunt by addicting him to Instagram and TikTok, where he was exposed to content promoting risky “challenges.”
The case centers on the February 20, 2023, death of Zackery Nazario, who was killed after climbing atop a Brooklyn-bound J train as it crossed the Williamsburg Bridge. According to his mother, Zackery and his girlfriend rode on the roof of the train until a low beam struck him, causing him to fall between subway cars, where he was fatally struck.
Norma Nazario alleges that after her son’s death, she discovered multiple videos related to subway surfing on his social media accounts. She claims the platforms’ recommendation algorithms actively pushed such content to her son based on his age and interests, contributing to his fatal decision.
Meta and ByteDance have expressed sympathy for the tragedy, describing Zackery’s death as “heartbreaking.” However, they argue they are protected from liability under Section 230 of the federal Communications Decency Act, which shields internet platforms from responsibility for user-generated content. They also cite First Amendment protections for free speech.
Judge Goetz rejected the companies’ request to dismiss the suit entirely, saying Nazario can proceed with claims for wrongful death, negligence, and product liability. He found it plausible, based on the complaint, that the companies’ role went beyond simply hosting content. “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 wrote in his ruling.
However, the judge dismissed claims against New York City's Metropolitan Transportation Authority (MTA), ruling that subway surfing’s dangers are a matter of common sense and “the realities of life in this city,” meaning Zackery should have recognized the risks.
The case highlights growing legal scrutiny over the role of social media in encouraging dangerous behavior among young users. Meta, ByteDance, and Snap—the parent of Snapchat—face thousands of lawsuits nationwide alleging their platforms are addictive and harmful to children, schools, and communities.
New York City police have reported that at least six people died while subway surfing in 2024 alone, underscoring the lethal consequences of the viral trend.
Representatives for Meta, ByteDance, and their attorneys did not immediately comment on the ruling. Lawyers for Norma Nazario and officials at the MTA also did not respond to requests for comment.
The lawsuit is filed as Nazario v ByteDance Ltd et al, in New York State Supreme Court, New York County, No. 151540/2024.