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Meta, TikTok may be sued by the mother of a NYC teen who was killed while "subway surfing"

A New York judge has ruled that Meta Platforms, TikTok's owner ByteDance and the mother of 15-year old Manhattan boy who was killed while "subway-surfing" on a moving subway train must face a lawsuit for wrongful death.

Justice Paul Goetz ruled that Norma Nazario could try to prove Meta, ByteDance and TikTok "goaded" Zackery to subway surfing after he became addicted to Instagram and TikTok where he viewed "dangerous challenge" content.

Meta, ByteDance, and Snapchat parent Snap are facing thousands of lawsuits claiming that their platforms cause harm to schools, governments, and children.

Zackery Nazaario died in 2023 after he and a girlfriend climbed on top of a Brooklyn bound J train while it was crossing the Williamsburg Bridge.

His mother claimed that a low beam hit Zackery and caused him to fall, between subway cars which ran over him.

Zackery, she said, had posted several videos on his social media pages about subway surfing.

Meta and ByteDance referred to Nazario's passing as "heartbreaking," while claiming immunity from any user-generated content under Section 230 (of the federal Communications Decency act) and the First Amendment's free speech clause.

The Manhattan judge told Norma Nazario that she could prove that her son was targeted due to his age.

Goetz wrote that "based on the allegations made in the complaint, it is plausible that social media defendants played a role that went beyond neutral assistance in promoting the content and involved active identification of the users most likely to be affected."

Goetz stated that Norma Nazario could pursue wrongful-death, product liability and negligent claims.

He said that common sense, "reality of living in this city," and the "realities" of New York City should have made Zackery aware that subway-surfing was dangerous.

Meta, ByteDance, and their attorneys had no immediate comments. The lawyers of Norma Nazario did not respond immediately to requests for comments. The MTA didn't immediately respond to the same request.

New York City Police has said that at least six people will die from subway-surfing in 2024.

Nazario v ByteDance Ltd et al., New York State Supreme Court New York County No. 151540/2024. Reporting by Jonathan Stempel, New York Editing Mark Potter

(source: Reuters)