98
C
ASE: 13
BACKGROUND
· Brian Nicholson, a 7-year-old boy, lived across the street from elementary school Public School
94, in Brooklyn, New York. On the day in question, Brian walked across the street around 4:30 pm
and sat down in a corner of the school yard.
· At that time, ten other children, each about 12 years of age, were playing with reworks in the
schoolyard. One of the children called Brian's name. When Brian turned around, he was hit in the
left eye by a recracker. After several successive operations, the eye was removed and an arti cial
one put in its place.
· Brian, through his mother, Margaret Nicholson, brought an action against the Board of Education
for the City of New York for the injuries sustained from the criminal activity, i.e., setting o
reworks, an illegal activity in New York at the time of the incident.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
What is a municipality's duty of
care to persons using its parks and
playgrounds?
A municipality is under a duty to maintain its
parks and playground facilities in a reasonably
safe condition.
What is a municipality's liability to
injured parties caused by criminal
activities at public playgrounds?
A municipality that is aware people are
using its park or playground as a site for
criminal activities needs to take appropriate
preventative measures to protect others from
harm. If it fails to do so, the municipality will
be liable for resulting injuries.
What is a municipality's duty of care
regarding supervision of parks and
playgrounds?
A municipality may be obligated to have an
adequate degree of general supervision and
regulation to prevent activities by park visitors
that endanger other visitors.
Nicholson v. Bd. of Educ. of the City of New York
School District's Liability for Criminal Acts of Third
Persons on School Grounds
For Evaluation Purposes Only