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QUESTIONS OF FACT WHETHER THE SCHOOL PERSONNEL PROPERLY INSTRUCTED INFANT PLAINTIFF ON THE USE OF THE ZIP LINE FROM WHICH SHE ALLEGEDY FELL (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the school’s motion for summary judgment in this negligence supervision case should not have been granted. The infant plaintiff, C.G., allegedly was injured when she fell of a zip line. The were questions of fact about whether C.G. was properly instructed on the use of zip line:

“Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision” … “A school has a duty to exercise the same degree of care toward its students as would a reasonably prudent parent” … . The duty to provide adequate supervision includes the duty to instruct students as to the safe use of playground equipment …

As the plaintiff correctly contends, the defendants’ submissions failed to eliminate triable issues of fact as to whether C. G. was adequately instructed on the safe use of the zip line prior to her fall and whether the instruction that students were allowed to have another student “give them a head start push” across the zip line was appropriate. Genova v Town of Clarkstown, 2021 NY Slip Op 03444, Second Dept 6-2-21

 

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