The mother of the 15-year-old New York boy who died while subway surfing last year has now filed a lawsuit against the city's subway network, TikTok and Meta.
Norma Nazario's son, Zackery Nazario, died on February 20, 2023 while subway surfing on a Brooklyn-bound J train over the Williamsburg Bridge.
A low beam beam hit the teenager in the head, causing him to fall between the subway carriages and before he could escape he was run over by a train.
A year after his death, Norma filed a lawsuit against the MTA and social media platforms, claiming the apps “incited” her child to do the deadly stunt by recommending similar videos.
The lawsuit seeks unspecified damages from TikTok, Meta and the MTA.
Norma Nazario's son, Zackery Nazario, died on February 20, 2023 while subway surfing on a Brooklyn-bound J train over the Williamsburg Bridge
A year after his death, Norma filed a lawsuit against the MTA and social media platforms, claiming the apps “incited” her child to do the deadly stunt by recommending similar videos
In addition, Norma is suing the public transport company for not locking the subway doors
According to Norma, she found several videos of people subway surfing after she started checking his social media accounts.
The distraught mother also claims that Zackery received an advert for a ski mask, which is often used by surfers to hide their identity.
Aside from damages, the lawsuit also calls for tech companies to “change their dangerous recommendation technology” that provokes others to join such life-threatening trends.
In addition, Norma is suing the public transport company for not locking the subway doors.
She told the New York Post: “You could give me a billion dollars and I won't stop.” “I won't stop until the MTA and these social media companies start taking responsibility and stop taking our children to kill.”
But MTA President Richard Daley has hit back, telling Eyewitness News: “We've said it time and time again – don't get on trains because that won't end well, and we implore parents to tell their children and friends.” “Warn friends – avoid tragedy by driving indoors.
According to Norma, she found several videos of people subway surfing after she started checking his social media accounts
But MTA President Richard Daley has hit back, saying: “We've said it time and time again – don't get on trains because that won't end well, and we implore parents to tell their children, and friends, to warn them.” – Avoid tragedy by driving indoors.
Matthew Bergman, Norma's lawyer, said the teen was addicted to the apps “by design” and “targeted” videos that encouraged subway surfing
Social media platforms have also long claimed that there is legal protection from user-posted content under a 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 their users.
But Matthew Bergman, Norma's lawyer, told ABC that the teenager was “deliberately” addicted to the apps and “targeted” videos that encouraged subway surfing.
“Zackery was naturally addicted to social media and intended to challenge videos that encouraged subway surfing.
“Zackery also has a certain responsibility. “No one is saying there wasn’t shared guilt here, but we are saying this didn’t have to happen.”
Of the MTA, the lawyer said, “Given the abundance of subway surfing, they have made no effort to prevent this.”
A video of some people attempting the “Subway Surfers Challenge” shows them imitating the main character of the game of the same name and jumping over moving subways.
A video of some people attempting the “Subway Surfers Challenge” shows them imitating the main character of the game of the same name and jumping over moving subways
Last month, 14-year-old Alam Reyes fell from a Coney Island-bound F train while subway surfing in Brooklyn and died at the scene.
His heartbroken half-brother later revealed that the teenager had followed several accounts that posted pictures and videos of subway surfing around the city and that he hoped they had checked his social media before the incident.
“Now that you go to his social media, you see who he follows, who his friends are,” Diego Tinoco told the Daily News.
“When you see the videos people post about subway surfing, you realize it’s too late.”
“I spoke to him the day he died,” Tinoco, 32, revealed. “I just said good morning because I was going to work.”
“He was a nice boy, he had lots of friends, he was just in the wrong circle.”
Alam Reyes, 14, fell from a Coney Island-bound F train in Brooklyn on Friday
Despite the best efforts of emergency services, the boy was pronounced dead at the scene
Tinoco said his brother skipped classes at Landmark High School in Chelsea and went subway surfing with a friend.
The friend continued to the next stop after Reyes fell at the elevated Avenue N station in Midwood, above McDonald Avenue.
People on McDonald Avenue saw blood on the street and then saw a sneaker fall from the tracks above them, Ernesto Galindo, who works at Vinnie's Pizza, told the station.
Last year, four more teenagers, including 15-year-old Jay Thirunarayanapuram, died while surfing on the subway.
City officials are fighting the rise of this dangerous trend, and last year the MTA and the mayor's office launched a campaign aimed at youth.
In 2022, the MTA reported 928 cases of people riding outside, on or between trains – compared to just 206 in 2021.
The NYPD has also begun using drones to catch subway surfers in real time.