NYC mother sues social media platforms over deadly subway surfing trend

It’s been almost two years since a New York mother lost her 15-year-old son to a social media trend. Now she’s calling for social media platforms to be held accountable for their influence on kids and for his death.

Norma Nazario is suing Meta, ByteDance and TikTok in New York’s Supreme Court, claiming the companies contributed to her son Zackery’s death when he decided to subway surf on a Brooklyn train. She said his decision was influenced by what he saw on social media.

What is Nazario’s argument against the social media companies?

Nazario’s attorney argued the more teens scroll through these platforms, the more the algorithm changes, filling their feeds with posts they never sought out. The lawsuit claims some content actively encourages dangerous behaviors, like subway surfing, which ultimately led to Zackery’s death.

“They know that their products are addicting kids. They know their products are resulting in highly dangerous activities,” said Matthew Bergman, Nazario’s attorney.

Inside a Manhattan courtroom, lawyers representing the companies argued the lawsuit should be dismissed, citing an executive order granting them immunity from civil liability.

Under Section 230 of the Communications Decency Act, online service providers are generally not held responsible for content created and shared by users. However, the Department of Justice has argued the 30-year-old law, which was established in the early days of the internet, needs to be updated to reflect today’s evolving technology.

Why is Naziro also suing the MTA?

Nazario also said the Metropolitan Transportation Authority (MTA), which oversees New York City’s transit system, shares responsibility for Zackery’s death. She claims the agency shares part of the blame for allowing subway surfing to persist as an ongoing issue, especially on the city’s iconic number 7 train.

According to the NYPD, six people died from subway surfing in 2024 alone. Of those six, only one was not a child. That’s an increase of 20% from the year Zackery died.

In 2023, New York City launched a campaign aimed at raising awareness of the dangers of subway surfing. The initiative includes increasing arrests for those attempting the dangerous activity and efforts to educate students about the risks involved.

As the case moves forward, Nazario now awaits a decision from the judge. The next hearing is scheduled for February.