Meta and TikTok lawyers argue lawsuit holding them liable for 2023 subway surfing death on Williamsburg Bridge should be thrown out
For nearly an hour, the sides went back and forth, with the lawyers for the social media companies arguing that they are shielded from liability by multiple precedents, including a federal law and free speech.
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Lawyers representing both Meta and TikTok were in a downtown Manhattan court Thursday afternoon, arguing that a lawsuit holding them liable for the 2023 subway surfing death of Zackery Nazario should be thrown out.
Zackery's mother, Norma, and her lawyers claim that social media sites, like Instagram and TikTok target teenagers like her son, who was 15 when he died.
"They know that their products are addicting kids. They know that their products are resulting in highly dangerous activities," said Nazario's attorney, Matthew Bergman.
For nearly an hour, the sides went back and forth, with the lawyers for the social media companies arguing that they are shielded from liability by multiple precedents, including a federal law and free speech.
Nazario said they way they took no blame showed that in her opinion, the companies "don't value anybody's life, children especially."
Bergman added "everybody has a right to a defense, even murderers, and these companies are murderers."
The MTA had said that subway surfing more than doubled around the time of Zackery's death - and even blamed the rise on social media at the time.
"This is not an only me thing, unfortunately," said Nazario. "I wish other parents could be here with me, but I'm here for them and other children that have lost their life."
This is the first case of its kind in New York state, and after hearing the arguments, the judge decided not to make a ruling just yet.
While he thinks it over, Nazario says "hopefully, the judge will understand my loss and hopefully he has his own children to think about."
Lawyers tell News 12 they do not have any timeline on when they might expect a decision.
