Child Injured on Walkway Path

Tenant sued landlord for negligence after her child was injured on housing complex property. The injury occurred when the child rode his bike over a refrigerator door that was left on a walkway path he often rode on. Landlord claimed that it wasn't liable, and asked the court to dismiss the case without a trial. Under General Obligations Law section 9-103, landlord is generally exempt from liability when it allows its property to be used for recreational activities such as bike riding. The purpose of this law is to encourage landlords to permit such uses without fear of lawsuits. But, the court pointed out, the law only applies if the area is appropriate for recreational use. The court found that it wasn't appropriate to allow bike riding on a pedestrian walkway used by the general public. This was disruptive and could cause injury to tenants. A trial was needed to determine the facts.

Diaz v. New York City Housing Authority: NYLJ, p. 24, col. 5 (10/14/93) (Sup. Ct. Kings; Greenstein, J)