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- TikTok and Instagram will face a wrongful death lawsuit after a New York judge ruled that their algorithms may have encouraged a teen’s fatal subway stunt.
- The teen’s mother claims social media addiction and exposure to dangerous challenges directly influenced her son’s behavior.
- The court found it plausible that Meta and ByteDance actively targeted vulnerable users like teens with harmful content.
- Claims against the city’s transit agency were dismissed, but the ruling marks a significant legal challenge to social media’s role in youth safety.
A New York court has ruled that Meta and ByteDance must face a wrongful death lawsuit brought by the mother of a teenager who died attempting a dangerous subway surfing stunt.
The decision opens the door for a broader legal reckoning on how social media platforms may be held liable for content that promotes harmful behavior, particularly among young users.
Grieving Mother Points to Algorithms
Norma Nazario, the mother of 15-year-old Zackery Nazario, filed the lawsuit after her son was killed on February 20, 2023. Zackery and his girlfriend had climbed onto the roof of a moving Brooklyn-bound J train while crossing the Williamsburg Bridge. A low beam reportedly struck him, leading to a fatal fall between train cars.
Nazario argues that TikTok and Instagram’s algorithms amplified videos of “subway surfing” and similar dangerous challenges, encouraging her son to mimic the behavior. After his death, she said she found multiple subway surfing videos on his social media accounts. She claims Zackery became addicted to TikTok and Instagram, where he encountered content glamorizing such stunts, particularly targeted toward impressionable teens.
Judge: Platforms May Have Actively Targeted Users Like Zackery
Justice Paul Goetz of the New York State Supreme Court ruled Friday that the lawsuit can proceed, rejecting efforts by Meta and ByteDance to dismiss the case. The companies had invoked Section 230 of the Communications Decency Act, which typically shields platforms from liability for user-generated content, and claimed First Amendment protection.
However, the judge concluded that Nazario’s claims, if proven, could show the companies went beyond neutral content hosting. He noted that it was “plausible” the platforms had actively identified and engaged users like Zackery based on their age and behavior, thereby playing a more direct role in shaping what content they consumed.
By allowing the case to go forward, Goetz said Nazario may pursue claims of wrongful death, negligence, and product liability. He emphasized that the allegations suggest the tech companies might have designed addictive products that promoted content known to be risky or deadly, especially for minors.
Focus Turns to Tech Giants
While the court allowed claims against Meta and ByteDance to proceed, it dismissed Nazario’s case against New York’s Metropolitan Transit Authority. Goetz ruled that the danger of subway surfing was self-evident, and that public infrastructure was not liable for Zackery’s decision to climb onto a moving train.
The case comes amid growing legal pressure on social media companies. Meta, ByteDance, and Snap have collectively faced thousands of lawsuits alleging their platforms harm children’s mental health and promote risky behavior. Critics argue the platforms’ business models reward engagement at any cost, including by promoting viral but dangerous trends.
Neither Meta nor ByteDance responded to requests for comment. Norma Nazario’s legal team also declined to issue a statement immediately.
According to New York City police, at least six people died from subway surfing incidents in 2024 alone, underscoring a disturbing rise in copycat behavior linked to online content.
