In Bloomfield v. Jericho Union Free School District, the Second Department further demonstrated the importance of proving both the lack of notice element and the open and obvious element in a premises liability case. In Bloomfield, plaintiff, a high school student, was injured when her foot got stuck in the tear of a high jump mat during gym class. Affirming the lower court’s denial of defendant’s motion for summary judgment, the Second Department specifically found that defendant did not prove they did not have prior notice of the condition, and moreover did not prove such condition was open and obvious.

Plaintiff also brought negligent supervision claims, which the lower court dismissed. The Second Department, however, reversed the lower courts dismissal. It determined that defendant had failed to make a prima facie showing that it adequately supervised plaintiff and/or that such inadequate supervision was not a proximate cause of plaintiff’s accident.

Thanks to Alison Weintraub for her contribution to this post.

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_00341.htm