Justice Oliver Wendell Holmes, Jr. famously said "hard cases make bad law." Few cases are harder than one where the plaintiff is a grieving parent seeking to hold someone accountable for the death of their child. For example, the lawsuit brought by Norma Nazario against TikTok’s parent company Byte Dance and Instagram parent company Meta over the death of her 15-year old son Zachery. Zachery died while “subway surfing”, a term which refers to jumping onto a moving subway train. The lawsuit alleges that Zachery attempted this stunt because he “became addicted” to watching subway surfing videos on Instagram and TikTok.
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