Question of Fact About Negligent Supervision at Skating Rink

The Second Department determined there was a question of fact whether injury incurred at defendant’s skating rink was the result of defendant’s negligent supervision:

Those charged with supervising a skating rink cannot be held liable for an injury if the act precipitating the injury was so sudden that no amount of supervision could have averted the accident … . Thus, where reckless behavior that is over and above the usual dangers inherent in the activity of skating is claimed to have caused the injury, the issue of whether the proprietor was negligent in supervising the skaters turns on whether the proprietor had sufficient notice of the allegedly reckless conduct so as to permit it to prevent the injury through the exercise of adequate supervision … . The duration and nature of the allegedly reckless conduct are factors that bear on this issue… .  Fader v Town of Oyster Bay, 2014 NY Slip Op 00324, 2nd Dept 1-22-14