Pinecone Struck Child in Eye

January 1, 2004

LVT Number: 17041

Tenant sued landlord for negligence. Tenant's child was injured in a recreation area on the building's grounds when hit in the eye by a pinecone. The pinecones had fallen to the ground, and children were playing a game, throwing them at each other. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible for the child's injury. The court ruled against landlord. Landlord appealed and won. Landlord didn't have a duty to remove all pinecones from the area.

Tenant sued landlord for negligence. Tenant's child was injured in a recreation area on the building's grounds when hit in the eye by a pinecone. The pinecones had fallen to the ground, and children were playing a game, throwing them at each other. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible for the child's injury. The court ruled against landlord. Landlord appealed and won. Landlord didn't have a duty to remove all pinecones from the area. And landlord wasn't in a position to control the children's conduct, which was the cause of the injury.

Jaume v. Ry Mgmt. Co., Inc.: NYLJ, 12/18/03, p. 33, col. 6 (App. Div. 2 Dept.; Ritter, JP, Miller, Luciano, Miller, JJ)

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