Mum of boy, 15, who was killed while surfing on top of train carriage sues transport network, TikTok and Meta

The mum of the 15-year-old teenage boy who died while surfing on top of a train carriage has launched a lawsuit against the transport network, as well as social media sites TikTok and Meta. 

Norma Nazario's son Zackery Nazario died while he was subway surfing in New York, United States, on a Brooklyn-bound J train over the Williamsburg Bridge on Monday February 20, 2023.  She claims her son was a "phone addict" and was "affirmatively directed" to carry out the fatal stunt by what he had seen on social media.

A low beam struck the teenager in the head, causing him to fall between the subway cars, and before he could get up and move off the track, a train ran over him and he was killed. 

A year after her son's death, Norma has filed a lawsuit against the The Metropolitan Transportation Authority (MTA), the firm responsible for public transportation in New York, and also social media platforms TikTok and Meta.

She claims that the apps had recommended videos of other people performing similar stunts to her son when he was using them, and had therefore "goaded" him into performing the deadly action. The lawsuit seeks unspecified damages from TikTok, Meta, which owns Facebook, Instagram, Threads, and WhatsApp, and the MTA.

Norma says she had found multiple videos of people subway surfing after she started checking her child's social media accounts. She also alleges that Zackery had been shown an advert for a ski mask, which is commonly used by surfers to hide their identities, on the platforms.

'Stop killing our children'

Alongside damages for an unspecified amount, the lawsuit demands social media companies "change their dangerous recommendations technology" that is said to encourage people to copy life-threatening trends such as subway surfing. In addition, Norma is suing the public transportation company for not locking the subway doors.

She told the New York Post: "They could give me a billion dollars, and I'm not going to stop. I'm not going to stop until the MTA and these social media companies start taking responsibility and stop killing our children."

At the time of Zackery's death, Norma set up a GoFundMe page called 'help send Zackery off' to raise funds for his funeral. On the page, she wrote that her son was "a smart young man who was my hero." She added: "An old soul for his age. Zackery was loved by so many and will be missed." The page raised almost $19,000 (around £15,000).

MTA President Richard Daley has not responded to Norma's claims directly, but insisted that the company's message against subway surfing is clear. He said in a statement, also reported by the New York Post: "We've said it over and over - do not climb on top of trains because that won't end well, and we implore parents to tell their children, and friends to warn friends - avoid tragedy by riding inside."

Social media platforms have also long claimed that legal protection from content posted by users through the 1996 law known as Section 230 of the Communications Decency Act.  Section 230 provides federal immunity to online computer services with respect to third-party content generated by its users. TikTok and Meta have not responded directly to Norma's lawsuit.

'Profusion of subway surfing'

Matthew Bergman, Norma's lawyer told ABC that Zackery was addicted to the apps by "design" and was "directed" towards videos that encourages subway surfing. He did, however, also say that the youngster had "some responsibility too". 

He added: "No one is saying that there was not shared fault here, but what we are saying is that this didn't have to happen." Talking about the MTA specifically, he said: "Given the profusion of subway surfing that was going on, they did not take efforts to prevent it."

A video of some people attempting the 'Subway Surfers Challenge' shows them imitating the main character of the namesake game and jumping over moving subway trains. New York City officials have been warning against the dangerous trend since last year, when the MTA and the mayor's office launched a campaign aimed at youths. 

In 2022 the MTA reported 928 instances of people riding outside, on top of, or in between trains - compared to 206 in 2021. The problem has become so serious, the New York Police Department has also begun using drones to catch subway surfers in real time.

Four other teens were killed by taking part in the challenge in 2023. The troubling trend has also continued into 2024, as a 14-year-old boy was killed while subway surfing just last month.