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AII-1002-01571
AllegedThe record is a lawsuit, complaint or accusation that has not been decided.

New York judge allows wrongful death lawsuit against Meta and TikTok over teen subway surfing death

A New York judge ruled that a wrongful death lawsuit can proceed against Meta and TikTok owner ByteDance, brought by the mother of a 15-year-old boy who died while subway surfing in February 2023. The court found it plausible that the companies' algorithms actively targeted the teenager with dangerous content, exceeding neutral content hosting.

20 February 2023 Β· Meta Platforms Β· Safety and wellbeing
20 February 2023
AII-1002-015716 sources ↓
Quick facts
Category
Safety and wellbeing
Country
United States
Source
Ars Technica
Date
20 February 2023
Drafted by
Raidu Incident Detection

What happened

Zackery Nazario, age 15, died on February 20, 2023, after he and his girlfriend climbed atop a Brooklyn-bound J train as it crossed the Williamsburg Bridge. A low beam struck him, causing him to fall between subway cars, which ran over him.

His mother, Norma Nazario, later found several videos related to subway surfing on Zackery's Instagram and TikTok accounts. She filed a wrongful death lawsuit alleging that Meta and ByteDance had "goaded" her son into subway surfing by addicting him to their platforms through content about dangerous challenges.

Reported impact

Zackery Nazario was killed in the incident. His mother alleged that her son had become "addicted" to Instagram and TikTok, where content promoting dangerous stunts was regularly shown to him.

Index analysis

Justice Paul Goetz of the New York State Supreme Court ruled on June 30, 2025, that Norma Nazario could proceed with claims that the social media defendants' algorithms played an active role exceeding neutral content hosting. The court found it plausible that the platforms engaged in "active identification of users who would be most impacted" based on their age.

The companies claimed immunity under Section 230 of the federal Communications Decency Act and the First Amendment's free speech clause, but the judge found the allegations sufficiently plausible to allow wrongful death, product liability, and negligence claims to proceed.

Governance controls

Meta and ByteDance described the teen's death as "heartbreaking" but declined to comment further on the ruling.

Classification

Category
Safety and wellbeing
Industry
Media, social platforms and marketing
Country
United States
Harm status
Actual harm
Intent
Unintentional
Timing
Unknown
Harm types
Physical death, Human or fundamental rights, Physical injury
Harmed
Children, Consumers
Consequences
Litigation
AI systems
Instagram recommendation algorithm, TikTok recommendation algorithm
Regulations
FCRA (cited)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

Ars Technica
Meta, TikTok can't toss wrongful death suit from mom of "subway surfing" teen
30 June 2025
Reuters
Meta, TikTok can be sued by mother of NYC teen killed while 'subway surfing'
30 June 2025
USA Today
Meta and TikTok face lawsuit over NYC teen's 'subway surfing' death
30 June 2025
NDTV
Meta, TikTok Can Be Sued By Mother Of New York Teen Killed While 'Subway Surfing'
30 June 2025
mint
Meta, TikTok in trouble? New York judge allows lawsuit over teen's 'subway surfing' death | Today News
1 July 2025
Silicon UK
Meta, ByteDance Must Face Lawsuit Over 'Subway Surfing' Death
1 July 2025