Child Fell While Climbing Fence

April 1, 2000

LVT Number: 13976

Tenant sued landlord NYCHA for negligence after his 7-year old child fell from an iron fence surrounding the building. The child had climbed the fence to retrieve a ball on the other side. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Landlord had taken reasonable care to prevent foreseeable injuries. Caretakers were on duty eight hours a day and had gate keys. Warning signs, also, were posted throughout the area. And there was no claim that the fence was defective or, in and of itself, dangerous.

Tenant sued landlord NYCHA for negligence after his 7-year old child fell from an iron fence surrounding the building. The child had climbed the fence to retrieve a ball on the other side. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Landlord had taken reasonable care to prevent foreseeable injuries. Caretakers were on duty eight hours a day and had gate keys. Warning signs, also, were posted throughout the area. And there was no claim that the fence was defective or, in and of itself, dangerous. There was also no proof that other children had been injured by falling off the fence.

Garcia v. City of New York: NYLJ, 3/29/00, p. 26, col. 2 (Sup. Ct. NY; Miller, J)

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