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Meta, TikTok Can’t Toss Wrongful Death Suit From Mom of “Subway Surfing” Teen

  • In July 2025, a New York state judge allowed Norma Nazario's wrongful death claims against Meta Platforms and ByteDance to proceed, holding the companies potentially responsible for contributing to her son Zackery's fatal subway surfing incident.
  • The lawsuit follows Zackery Nazario's death on February 20, 2023, when he was struck by a low beam while atop a Brooklyn-bound J train crossing the Williamsburg Bridge.
  • Judge Paul Goetz found that Norma Nazario sufficiently alleged that social media algorithms actively targeted Zackery with subway surfing content due to his age, not just user interest.
  • Goetz indicated that, based on the complaint's allegations, the social media platforms likely went beyond merely providing neutral support in distributing content, which opens the door for investigating how Zackery engaged with the subway surfing material.
  • This ruling advances legal challenges against social media firms accused of addicting teens to dangerous content and could require them to modify algorithms to limit such exposure.
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OAN broke the news in San Diego, United States on Monday, June 30, 2025.
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