Print

Training >> Browse Articles >> Legal & Liability

Rate

Trial to Decide if 1st Grader is Fully Aware to Assume Risk Monkey Bars Claim Another Victim

A jury should decide whether a six-year-old assumed the risk of injury when he fell off a piece of school playground equipment and was injured, the Supreme Court of New York has ruled.

The plaintiff, a first-grader, was injured in October 2001 when he fell from his school’s monkey bars during recess. The pupil was one of 25-30 first-graders on the playground when the accident occurred. Two teacher’s aides were supervising the students.

The defendant in the case, the Board of Education of the City of Yonkers, apparently had a school rule that prohibited pre-kindergarten to second-grade pupils from playing on school monkey bars. In his initial complaint, the plaintiff argued that the school board was negligent in failing to enforce the rule and in failing to properly supervise him.

The board asked the trial court to dismiss the complaint on the grounds that the plaintiff failed to demonstrate that the supervision was inadequate and that the child assumed the risk of injury when he began playing on the monkey bars.

The trial court granted the board’s motion, finding there was no evidence that the alleged accident was a result of negligent supervision. The appellate court disagreed, saying that “while a school is not an insurer of the safety of its students since it cannot reasonably be expected to continuously supervise and control all of their movements and activities, it has a duty to adequately supervise the students in their (sic) charge and they (sic) will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.” The court went on to say that the plaintiff raised issues of fact to be decided at trial regarding whether the board was negligent in failing to adequately supervise the plaintiff and enforce its rule .

The court also said that a jury should decide whether a first-grader is capable of being fully aware of the risks involved in climbing on monkey bars. The lower court’s decision was reversed and the case was remanded for trial.


Rate
PoliceLink School Finder

Save time in your search for a criminal justice degree program. Use PoliceLink's School Finder to locate schools online and in your area.

Get Info

* In the event that we cannot find a program from one of our partner schools that matches your specific area of interest, we may show schools with similar or unrelated programs.

Recent Activity

Me1_max30
jess_27061 received a gift from SE851, less than a minute ago.
Batman_max600_1__max30
gudercop posted in: "HAPPY BIRTHDAY, SE851", 1 minute ago.
Female_bodysurfer_max30
MarlyB posted in: "Court date", 2 minutes ago.
Batman_max600_1__max30
gudercop posted in: "3 Word Response", 5 minutes ago.