Thirteen year old Darlin Melendez was injured when he fell into the Bronx River from the top of a naturally occurring waterfall in Bronx River Park.
Apparently, the kid climbed over a four foot high pipe rail fence that blocked access to the waterfall and, as he moved away from the edge, slipped into the water below.
When Melendez later filed a personal injury case against the City of New York, a jury found in the kid's favor. After the Bronx County Supreme Court granted the City's request to set aside the outcome, Melendez appealed.
The Appellate Division, First Department, was of the view the City had no duty to protect the youngster, since the danger of climbing out onto the wet ledge should have been readily apparent to him. Because a slippery ledge is an "open and obvious" natural feature, the AD1 thought the risks--and dangers--should have been anticipated.
Was there a fallback position?
To view a copy of the Appellate Division's decision, please use this link: Melendez v. The City of New York