Tenant's Grandson Fell While Playing on Fire Escape

January 1, 1999

LVT Number: 12893

The parents of tenant's 9-year-old grandson sued landlord for negligence after tenant's grandson was injured at the building. While visiting tenant, her grandson went outside to play hide-and-seek with other children. The child tried to climb up a fire escape in the back of the building, but slipped and hit his head on the concrete pavement. Landlord claimed that the child had assumed the risk of injury while playing and asked the court to dismiss the case without a trial. The court ruled for landlord.

The parents of tenant's 9-year-old grandson sued landlord for negligence after tenant's grandson was injured at the building. While visiting tenant, her grandson went outside to play hide-and-seek with other children. The child tried to climb up a fire escape in the back of the building, but slipped and hit his head on the concrete pavement. Landlord claimed that the child had assumed the risk of injury while playing and asked the court to dismiss the case without a trial. The court ruled for landlord. Although the paint on the fire escape might have been flaky, the child knew this before he started climbing the fire escape. Risk of injury from climbing the fire escape was clear, even to a child, so landlord wasn't responsible for the child's injuries.

Nunez v. 38 Sickles St. Corp.: NYLJ, p. 28, col. 5 (12/7/98) (Sup. Ct. NY; Lebedeff, J)

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