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Social Media Companies Face Lawsuit Over Subway Surfing Deaths

Strategic Insights

— 2 min read

A Manhattan mom, Norma Nazario, whose 15-year-old son died while subway surfing, has won the right to continue her lawsuit against social media companies that she claims encouraged the trend. Nazario accuses TikTok and Meta of creating addictive apps that promote unsafe activities, including subway surfing, by using algorithms that push videos of hazardous behavior to young users. The lawsuit also targets the MTA and New York City Transit Authority for not doing enough to prevent subway surfing. With six people dead and three more injured this year alone, Nazario's case could pave the way for other parents to seek accountability from social media apps.

Key Takeaways:

  • The New York City Transit Authority and the MTA have been criticized for not taking adequate measures to prevent subway surfing, with six people dead and three more injured this year alone.
  • Norma Nazario's lawsuit accuses TikTok and Meta of creating addictive algorithms that promote unsafe activities, including subway surfing, by pushing videos of hazardous behavior to young users.
  • The Federal Communications Decency Act (FCDA) makes it difficult to hold tech companies responsible for harmful posts by third-party users, but Judge Paul A. Goetz ruled that Nazario should be allowed to gather more information to support her claims.
  • Three people have died so far this year while subway surfing in New York City, and six people died last year, according to NYPD data.
  • The lawsuit seeks to force social media companies to turn over internal information that could illuminate whether their actions contributed to Nazario's son's death.
  • Nazario's attorney, Joe Belluck, said his client hopes to "send a message to these companies that there need to be guardrails about this type of content."
  • A lawyer for ByteDance referred questions to TikTok, which did not respond to a request for comment, while a Meta spokesperson said the company is disappointed with the ruling and will continue to work with the MTA to address subway surfing.
  • The MTA has tried to deter subway surfing through its "Ride inside, stay alive" campaign, which has recruited high school students and BMX athlete Nigel Sylvester to warn teens about the dangers.

Statistics:

  • 6 people have died while subway surfing in New York City this year, with 3 more injured.
  • 6 people died while subway surfing last year, according to NYPD data.
  • 1 death occurred on February 20, 2023, when Zackery Nazario, a 15-year-old, fell off a Brooklyn-bound J train and was run over, dying at the scene.
  • The NYC Subway has been plagued by subway surfing incidents, with multiple reports of youth attempting to surf the trains.

Sources:

  • Gothamist: "I Wish I Could Have My Son Back: Subway Surfing Continues as NYC Scrambles to Halt the Trend"
  • NYPD data: 6 people dead, 3 injured while subway surfing in NYC this year
  • New York Times: "Social Media Companies to Take Down NYC Subway Surfing Videos After Rush of Teen Deaths"
  • New York State lawmakers: Letter to social media giants accusing them of not doing enough to address subway surfing issue.

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