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Question of Fact Whether Infant Plaintiff’s Injuries Were the Result of Negligent Supervision at a Summer Camp

The Second Department determined there was a question of fact whether infant plaintiff was properly supervised by camp personnel when she attempted to jump from a platform to a monkey bar and slipped off:

” [S]chools and camps owe a duty to supervise their charges and will only be held liable for foreseeable injuries proximately caused by the absence of adequate supervision'” … . Whether such supervision was adequate and, if inadequate, whether it was a proximate cause of the subject injuries are generally questions for the trier of fact to resolve … .

Here, the defendant failed to establish, prima facie, that it provided adequate supervision to the infant plaintiff, or that lack of adequate supervision was not a proximate cause of the infant plaintiff’s injuries … . DiGiacomo v Town of Babylon, 2015 NY Slip Op 00722, 2nd Dept 1-28-15

 

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