Meta and TikTok must face a lawsuit following a NYC tragedy

It's 2025 and by now, we, as a society, should already know about the pros and cons of social media apps and platforms. Can we blame everything bad on such platforms? That's the question.

In a recent decision, a New York state judge ruled that Meta Platforms and TikTok owner ByteDance must face a wrongful death lawsuit over the death of a 15-year-old boy who died while subway surfing.

This is what the dangerous act of riding on the outside of a moving subway train is called. It's typically done on a train's roof or between cars. Sadly, this extremely dangerous stunt has gained attention among teenagers in recent years – maybe because there are many videos circulating on social media that romanticize or challenge others to attempt the same behavior.

Despite its popularity online, subway surfing is extremely risky and often fatal. Riders can be struck by beams, lose balance, or fall onto the tracks, all of which can lead to serious injury or death.



15-years old Zackery Nazario lost his life in 2023 after attempting to subway surf on a Brooklyn-bound J train as it crossed the Williamsburg Bridge. According to his mother, Zackery and his girlfriend climbed onto the roof of the moving train, where a low beam struck him and caused him to fall. The mother later found multiple videos promoting subway surfing on her son's social media feeds. These discoveries led her to believe that platforms like Instagram and TikTok had exposed her son to harmful content, effectively encouraging him.



So, the court is allowing the boy's mother to proceed with claims of negligence, product liability, and wrongful death against Meta and ByteDance. The judge noted that her allegations, if true, suggest these platforms went beyond simply hosting content – they may have actively pushed such material toward users like Zackery, based on algorithms tuned to engage young people. While Meta and ByteDance invoked legal protections typically granted under Section 230 of the Communications Decency Act and the First Amendment, the judge ruled those defenses did not prevent the lawsuit from moving forward at this stage.

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