By Jonathan Stempel
NEW YORK (Reuters) -Meta Platforms and TikTok owner ByteDance must face a wrongful death lawsuit by the mother of a 15-year-old Manhattan boy who died while “subway surfing” on a moving train, a New York state judge ruled.
Justice Paul Goetz ruled on Friday that Norma Nazario can try to prove Meta and ByteDance “goaded” her son Zackery into subway surfing by addicting him to Instagram and TikTok, where he viewed content about “dangerous challenges.”
Meta, ByteDance and Snapchat parent Snap have faced thousands of lawsuits saying their platforms are addictive, causing harm to children, schools and governments.
Zackery Nazario died on February 20, 2023, after he and his girlfriend climbed atop a Brooklyn-bound J train as it crossed the Williamsburg Bridge.
His mother said a low beam struck Zackery, causing him to fall between subway cars, which ran over him.
She said she later found several videos related to subway surfing on Zackery’s social media accounts.
Meta and ByteDance called Nazario’s death “heartbreaking,” but claimed immunity from user content under Section 230 of the federal Communications Decency Act, and the free speech clause of the U.S. Constitution’s First Amendment.
But the Manhattan judge said Norma Nazario could try to prove her son was targeted because of his age.
“Based on the allegations in the complaint,” Goetz wrote, “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 said Norma Nazario may pursue wrongful death, product liability and negligence claims.
He dismissed her claims against New York City’s Metropolitan Transit Authority, saying common sense and “the realities of life in this city” should have signaled to Zackery that subway surfing was dangerous.
Meta, ByteDance and their lawyers had no immediate comment. Norma Nazario’s lawyers did not immediately respond to requests for comment. The MTA did not immediately respond to a similar request.
At least six people died from subway surfing in 2024, New York City police have said.
The case is Nazario v ByteDance Ltd et al, New York State Supreme Court, New York County, No. 151540/2024.
(Reporting by Jonathan Stempel in New YorkEditing by Mark Potter)
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