Child Tripped over Rope Chain Fence

February 1, 2000

LVT Number: 13833

Tenant sued landlord for negligence after her child tripped over a rope chain fence bordering a walkway at the housing complex. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant's son had stated in pretrial questioning that he had crossed over the fence many times in the past, including at least twice on the day that he tripped over it. The child had tripped while running after a ball thrown by his friends. He looked at the fence just before he tried to cross over it.

Tenant sued landlord for negligence after her child tripped over a rope chain fence bordering a walkway at the housing complex. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant's son had stated in pretrial questioning that he had crossed over the fence many times in the past, including at least twice on the day that he tripped over it. The child had tripped while running after a ball thrown by his friends. He looked at the fence just before he tried to cross over it. The child never claimed that he didn't see the fence, and didn't indicate specifically where the accident occurred.

Serrano v. NYCHA: NYLJ 1/10/00, p. 27, col. 5 (App. Div.1 Dept.; Sullivan, JP, Mazzarelli, Wallach, Rubin, Andrias, JJ)

Topics

More like this