Mother Files Lawsuit Over Son’s Subway Surfing Accident in New York State Supreme Court

This past week, Norma Nazario appeared in New York State Supreme Court to pursue a subway surfing lawsuit against social media companies and transit agencies following the death of her son, Zackery, who was fatally injured while subway surfing in Brooklyn. She alleges that platforms like Meta, ByteDance, and TikTok promote dangerous trends, while also holding the MTA and NYC Transit accountable. “They know that their products are addicting kids. They know their products are resulting in highly dangerous activities,” Nazario’s attorney Matthew Bergman said. Nazario expressed frustration with the response from the defendants, stating, “I didn’t hear in there — taking any fault of my loss or any other parents’ loss.” The social media companies argue they are protected from liability under Section 230 of the Communications Decency Act. Meanwhile, NYPD data shows an increase in subway surfing incidents. The case is ongoing, with the next court date scheduled for February 6.