East Haven Court Decides Municipal Immunity Exception Does Not Apply to Playscape Injury
by
Joseph C. Maya on Jun. 07, 2017
Accident & Injury Personal Injury
Summary: A blog post about a case out of Connecticut regarding liability in playground injuries suffered on public property.
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An exception to government immunity that existed for an identifiable victim of imminent harm did not apply if a rung on the ladder of a public school playscape had a loose bolt. Allegedly, a Kindergarten child who went to a public elementary school located in East Haven, was injured on April 12, 2012 when climbing a ladder on a “decrepit” playscape that included a tower, slides, a ramp and a ladder.
Allegedly, the child fell and injured his elbow, because the bolt on the highest rung of the ladder was loose. He and his parents sued the municipality, which moved for summary judgment. Plaintiffs maintained that Connecticut General Statutes §10-220(a) created a ministerial duty and required defendant to maintain the playscape. The court was not persuaded. Defendants’ conduct was discretionary, as opposed to ministerial.
The court also found that the identifiable victim, imminent harm exception to government immunity did not apply. The minor was an identifiable victim, because he was in school during school hours. He did not prove “imminent harm.” A “reasonable juror could conclude that given the fact that thousands of D.C. Moore students had played on the decrepit playscape over the course of the years without being injured,” wrote the court, “the harm was not imminent.” Motion for summary judgment granted.
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Source: CT Law Tribune