A tragic subway surfing accident that took the life of a New York teen has become the center of a landmark lawsuit challenging the legal protections of social media giants TikTok and Instagram.
The case—Nazario v. ByteDance Ltd—has ignited fierce debate over algorithmic responsibility, Section 230 immunity, and the influence of online platforms on teen behavior.
What Is Subway Surfing?
Subway surfing, similar to train hopping, involves individuals climbing on top of moving subway trains—typically for thrills or to gain clout on social media.
Since 2002, 16 people have died attempting the dangerous stunt in New York City alone. In response, the NYPD launched a drone surveillance program in 2023, which has led to the removal of over 200 subway surfers, according to GovTech.
The Lawsuit: Tragedy Meets Tech
Norma Nazario, whose 15-year-old son Zackery died while subway surfing, is suing TikTok (owned by ByteDance), Instagram (owned by Meta), the MTA, and the NYC Transit Authority.
The lawsuit alleges that Zackery was encouraged to attempt the stunt due to TikTok’s and Instagram’s algorithms, which allegedly flooded his feed with subway surfing content.
