A New York court ruled that a school was not liable for injuries sustained by a five-year-old child who was injured when he fell from monkey bars in the school's playground during recess.
At the time of the accident, there were approximately 100 students on the playground with six teachers' aides to supervise them. One teacher's aide was specifically assigned to supervise the monkey bars upon which the victim was playing at the time of the accident. The victim's parents sued the school, claiming that their child's injuries were attributable to the school's negligent supervision of the children on the playground and in permitting the victim to use playground equipment that was inappropriate for a five-year-old.
The school asked the trial court to dismiss the case, but the court ruled that there was sufficient evidence of negligence to let the case proceed to trial. The school appealed, and a state appeals court reversed the trial court's ruling and dismissed the case.