Nine-year-old Isaiah Smith's mother sued the City of New York after he fell off some monkey bars at a local park (his second monkey-bar related injury).
After the New York County Supreme Court threw the case out because the youngster had "assumed the risks" of engaging in the activity, the Smiths appealed to the Appellate Division, First Department, which thought that City needed to establish that its "negligent supervision" wasn't the accident's cause.
Although his prior injury might have aware him of the risks involved, the AD1 was unwilling to conclude that the kid fully appreciated the consequences of his actions.
Was there no monkeying with that?
To view a copy of the Appellate Division's decision, please use this link: Smith v. City of New York