Meta and ByteDance, the parent companies of Instagram and TikTok, can be sued by the mother of a 15-year-old boy who died while attempting a dangerous subway stunt. She believes the platforms played a major role in influencing her son by showing him videos of risky online challenges. Zackery Nazario died after he and his girlfriend climbed onto a Brooklyn-bound J train as it crossed the Williamsburg Bridge, reports Reuters. A low beam struck Zackery, causing him to fall between the subway cars, where he was fatally run over. After his death, his mother, Norma Nazario, found several videos related to subway surfing on his social media accounts.
A New York state judge, Paul Goetz, ruled that Norma can move forward with her lawsuit against Meta and ByteDance. Both companies had asked for the case to be dismissed, saying they were protected under Section 230 of the federal Communications Decency Act, and the free speech clause of the U.S. Constitution’s First Amendment.
Also read: Apple accuses former employee of stealing Vision Pro secrets before joining Snap
“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.”
Also read: Apple may let ChatGPT and Anthropic power Siri amid internal AI setbacks
Norma can now pursue claims of wrongful death, negligence, and product liability. However, the judge dismissed her claims against New York City’s Metropolitan Transit Authority, saying subway surfing is clearly dangerous and “the realities of life in this city” should have made that obvious.
This case highlights growing concerns about how social media can affect young people and lead them to dangerous trends. It could set an important example for holding companies like Instagram and TikTok responsible for the content their apps show to users, especially teens.