In Butler v. City of Gloversville (http://www.courts.state.ny.us/reporter/3dseries/2009/2009_05369.htm) the plaintiff fell from a playground slide and sustained injuries. The plaintiff’s theory of recovery was that the defendants failed to use the proper ground cover, such as pea stone. The New York Court of Appeals denied the defendants’ motion for summary judgment because the plaintiff’s expert found support for his theory in the US Consumer Safety Commision’s Handbook for Public Playground Safety.

Posted by Justin Rowe.