Child Injured on Playground Equipment

December 1, 2004

LVT Number: 17729

Tenant sued landlord after her child was injured on the building's playground equipment. Tenant claimed that defects in the playground equipment caused the injury. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord had no notice of any defects, either through tenant complaints or based on daily playground inspections by its employees. So the lower court properly dismissed the case.

Tenant sued landlord after her child was injured on the building's playground equipment. Tenant claimed that defects in the playground equipment caused the injury. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord had no notice of any defects, either through tenant complaints or based on daily playground inspections by its employees. So the lower court properly dismissed the case.

Coleman v. NYCHA: NYLJ, 11/26/04, p. 23, col. 6 (App. Div. 1 Dept.; Nardelli, JP, Andrias, Sullivan, Williams, Friedman, JJ)

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