The mother of a 15-year-old boy from Manhattan who tragically lost his life while engaging in subway surfing has taken legal action against TikTok, Meta, and the Metropolitan Transportation Authority (MTA).
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Norma Nazario’s son, Zackery Nazario, passed away on February 20, 2023, when he was fatally injured while subway surfing on a J train heading towards Brooklyn over the Williamsburg Bridge. A collision with a low beam, striking him in the head, led to his fall between the moving subway cars, resulting in him being run over.
In the aftermath of this tragedy, Norma discovered numerous subway surfing videos on Zackery’s social media profiles, alongside an advertisement for a ski mask. According to ABC 7, the Nazario family’s attorney said in a statement that “Zackery was addicted to social media by design and affirmatively directed to challenge videos encouraging subway surfing.” Bergman, whose firm is handling hundreds of similar cases, criticized the algorithms of these platforms for consistently presenting Zackery with such dangerous content.
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While acknowledging Zackery’s part in the tragic event, Bergman emphasized, “No one is saying that there was not shared fault here, but what we are saying is that this didn’t have to happen.” The lawsuit also accuses the MTA of negligence for failing to secure subway doors, thereby enabling Zackery’s fatal stunt.
In response to the incident, MTA President Richard Daley reiterated the dangers of subway surfing, urging the public to ride inside the trains and for parents and friends to advise against such reckless behavior. Meanwhile, attempts to get comments from TikTok and Meta regarding the lawsuit were met with silence.
This lawsuit follows previous incidents, including a case last summer where TikTok responded to inquiries about subway surfing-related deaths by highlighting their safety measures and efforts to remove dangerous content from their platform.
On the first anniversary of Zackery’s death, his family and friends commemorated his life with a memorial march across the Williamsburg Bridge, culminating in a poignant balloon release at the exact moment believed to be when Zackery died.
Norma Nazario’s heartfelt message to teenagers tempted by the thrill of subway surfing is a stark warning: “It’s not worth it. Your mother is going to suffer just like me.” This tragic case has spotlighted the urgent need for awareness and preventive measures against subway surfing, leading to the “Subway Surfing Kills – Ride Inside, Stay Alive” campaign by New York City and the MTA to deter this dangerous activity.