PERILOUS PLAYTIME

In Smith v. NYC Housing Authority, Ishyra Smith -- an eight-year-old girl -- injured her leg while visiting a New York City Housing Authority (NYCHA) playground. Apparently, Smith climbed onto an inverted fish tank which had been disposed of in the area and the pressure of her weight caused the glass to crack and break.

Since there was conflicting evidence as to how long the tank had been left in the playground, the Kings County Supreme Court denied NYCHA's request to dismiss the case. On appeal, the Appellate Division, Second Department, affirmed the outcome.

Regardless of whether the injury occurred in the playground or in its vicinity, there were questions as to the accident's foreseeability and whether NYCHA had notice of the object's presence.

In other words, NYCHA's arguments tanked.

To download a copy of the Appellate Division's decision, please use this link: Smith v. NYC Housing Authority