TikTok and Meta to Face Lawsuit After Teen’s Fatal Subway Surfing Incident

Social media giants Meta Platforms and TikTok owner ByteDance must defend themselves against a wrongful death lawsuit filed by the mother of a 15-year-old boy who died while “subway surfing” in New York City, a judge has ruled. The lawsuit alleges that the platforms’ algorithms promoted dangerous content, leading to the teen’s death.

Judge Allows Lawsuit to Proceed Against Social Media Companies

Justice Paul Goetz of the New York State Supreme Court ruled that Norma nazario can proceed with her lawsuit, arguing that she can attempt to prove Meta and ByteDance actively “goaded” her son, Zackery, into subway surfing. The suit claims the companies addicted him to Instagram and TikTok, where he viewed content featuring “dangerous challenges.” The ruling hinges on the argument that the platforms’ role went beyond simply hosting content and extended to actively identifying and targeting vulnerable users.

zackery Nazario died on February 20,2023,after falling from a train while subway surfing on the Williamsburg Bridge. His mother later discovered videos related to the activity on his social media accounts.

Did You Know? Subway surfing, while seemingly a recent trend fueled by social media, has existed as the New York City subway system’s early days.However, the accessibility and viral nature of online platforms have amplified its visibility and potential appeal to young people.

Social Media Addiction and Legal Challenges

Meta, ByteDance, and Snapchat parent Snap are currently facing thousands of lawsuits alleging their platforms are addictive and cause harm to children, schools, and even governments. These lawsuits raise complex questions about the duty of social media companies in safeguarding their users,particularly young people,from harmful content and addictive algorithms.

While Meta and ByteDance expressed their condolences, they initially claimed immunity under Section 230 of the Communications Decency Act, which generally protects online platforms from liability for user-generated content, and cited the First Amendment. However, Judge Goetz resolute that Norma Nazario could attempt to prove her son was specifically targeted due to his age, potentially negating that immunity.

“Based on the allegations in the complaint,” Goetz wrote, “it is indeed 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.”

Legal Claims and Dismissals

Norma Nazario is pursuing claims of wrongful death, product liability, and negligence.The judge dismissed claims against New York City’s Metropolitan Transit Authority (MTA), stating that the dangers of subway surfing should have been evident.

At least six people died from subway surfing in 2024 alone, according to the New York City Police Department.

The Broader Implications of the Lawsuit

This case, *Nazario v ByteDance Ltd et al*, raises critical questions about the role social media algorithms play in promoting dangerous trends and the extent to which these companies can be held liable for the actions of their users. The outcome could set a precedent for future lawsuits against social media platforms regarding harmful content.

Pro tip: parents can utilize parental control features offered by social media platforms to monitor and restrict the content their children are exposed to. Open dialogue about online safety is also crucial.

What steps should social media platforms take to prevent the spread of dangerous trends? How can communities work together to address the issue of subway surfing?

Share your thoughts and join the conversation below!