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Business Standard
2 days ago
- Business Standard
Meta, TikTok can be sued by mother of teen killed while subway surfing
A lawsuit against wrongful death has been filed against Meta Platforms and ByteDance, TikTok's parent company, after a 15-year-old boy lost his life while 'subway surfing' on a moving train, Reuters reported. A New York state judge, Justice Paul Goetz, ruled on Friday that Norma Nazario, the mother of the deceased, can try to prove that both Meta and ByteDance 'goaded' her son Zackery into subway surfing by getting him addicted to platforms like Instagram and TikTok, where Zackery viewed content about 'dangerous challenges'. Meta and ByteDance have previously faced thousands of lawsuits, along with Snapchat, accusing the platforms of being addictive and causing harm to children, schools, and governments. Zackery Nazario died on February 20, 2023, after he and his girlfriend climbed on top of a Brooklyn-bound J train as it crossed the Williamsburg Bridge. According to Zackery's mother, a low beam struck him, causing him to fall between subway cars, which then ran over him. His mother also claimed that she found several videos related to subway surfing on her son's social media accounts. Meta, ByteDance term Zackery's death 'heartbreaking' While Meta and ByteDance seek immunity from user content under Section 230 of the federal Communications Decency Act and the free speech clause of the First Amendment of the US Constitution, Justice Goetz ruled that Zackery's mother can try to prove her son was targeted because of his age. He wrote, 'Based on the allegations in the complaint. 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.' The Manhattan judge, however, dismissed her claims against New York City's Metropolitan Transit Authority, stating that common sense and 'the realities of life in this city' should have stopped Zackery from pursuing subway surfing. The report, citing data from the New York Police, noted that at least six people died from subway surfing in 2024.
Mint
2 days ago
- Mint
Meta, TikTok in trouble? New York judge allows lawsuit over teen's ‘subway surfing' death
Meta Platforms and TikTok owner ByteDance will have to defend themselves in a wrongful death lawsuit brought by the mother of a 15-year-old boy who died while engaging in the dangerous trend of 'subway surfing,' a New York judge has ruled, according to Reuters report. Justice Paul Goetz of the New York State Supreme Court said that Norma Nazario could proceed with her claim that the social media giants played an active role in her son Zackery's death by exposing him to harmful content and fostering an addiction to their platforms. Zackery Nazario was killed in February 2023 after he and his girlfriend climbed atop a moving Brooklyn-bound J train as it crossed the Williamsburg Bridge. A low beam reportedly struck the teenager, causing him to fall between two subway cars, where he was fatally run over. Zackery's mother later discovered multiple videos related to subway surfing on Zackery's Instagram and TikTok accounts. In her lawsuit, she alleges that her son had become 'addicted' to these platforms, where content promoting dangerous stunts was regularly shown to him. According to court documents, the companies had argued that they were shielded from liability by Section 230 of the U.S. Communications Decency Act — which protects online platforms from responsibility for user-generated content — as well as by the First Amendment's guarantee of free speech. But Justice Goetz disagreed, stating that Nazario had offered plausible grounds to claim that the platforms had moved beyond merely hosting content. 'Based on the allegations in the complaint,' he 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.' He added that it was arguable the algorithms specifically targeted Zackery due to his age and vulnerability, thereby allowing claims of wrongful death, negligence and product liability to move forward. The judge, however, dismissed Nazario's claim against New York's Metropolitan Transportation Authority (MTA), concluding that 'common sense and the realities of life in this city' should have made the dangers of subway surfing obvious. Meta and ByteDance described the teen's death as 'heartbreaking' but declined to comment further. Neither company's legal representatives nor Nazario's lawyers responded immediately to press enquiries. The MTA has not yet issued a public statement. Zackery's case adds to a growing number of legal challenges facing social media firms. Meta, ByteDance, and Snapchat parent Snap Inc. are already battling thousands of lawsuits alleging that their products are deliberately designed to be addictive and harmful to young users. According to police figures, at least six people died in subway surfing incidents across New York City in 2024 alone.
USA Today
2 days ago
- USA Today
Meta and TikTok face lawsuit over NYC teen's 'subway surfing' death
Meta Platforms META.O 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 SNAP.N 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 York; Editing by Mark Potter
NDTV
2 days ago
- NDTV
Meta, TikTok Can Be Sued By Mother Of New York Teen Killed While 'Subway Surfing'
New York: 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.
The Star
2 days ago
- The Star
Meta, TikTok can be sued by mother of NYC teen killed while 'subway surfing'
FILE PHOTO: Printed Facebook and TikTok logos are seen in this illustration taken February 15, 2022. REUTERS/Dado Ruvic/Illustration/File Photo 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)
