Child Accident & Injury Claims in NYC
In 2018, the New York City (“NYC”) Comptroller’s report highlighted that five hundred twenty-one (521) playgrounds across New York City had at least one hazardous condition requiring immediate attention.[1] NYC deserves credit for the efforts it makes to keep children safe, but that doesn’t mean the City cannot do more.
To be clear: the City, like any private individual or business, can be held liable for injuries to children in its parks, playgrounds, and other public spaces. What follows is a brief description of the legal framework for suing either the City or private entities for injuries to children stemming from negligence.
If your child has been injured due to the negligence of New York City or any other party, contact the child accident attorneys at Dansker & Aspromonte Associates. Our attorneys are available to explain your legal rights and next steps after these devastating incidents. Call us today at (212) 732-2929 for a free consultation.
Legal Framework for NYC Child Injury Claims
Lawsuits for accidents involving children or injuries to children in New York are almost always brought under a theory of negligence. To prevail, the plaintiff must prove four (4) elements:[2]
- Duty: The defendant owed a duty of care to the plaintiff;
- Breach: The defendant breached that duty of care;
- Causation: The breach caused the plaintiff’s injuries; and
- Damages: The plaintiff suffered an actual harm or loss.
Municipal vs. Private Liability: What Are the Differences?
In New York, families of injured children may be able to file lawsuits against either private individuals or municipalities such as New York City—depending on the facts of the case. People who file lawsuits are known as plaintiffs. Most claims involving child injuries are based on the legal theory of negligence, whether the defendant is a person, a company, or a government entity.
Two key differences distinguish lawsuits brought against private parties from those brought against municipalities. First, the nature of the legal duty owed to the child can differ depending on whether the defendant is a private party or a government agency. Second, the procedures for filing and litigating claims vary significantly in municipal cases.
Private Liability: Lawsuits Against Companies & Individuals
What Duties Do Private Entities Owe?
In general, private individuals and businesses owe a duty of reasonable care—a flexible legal standard based on (1) the reasonableness of their actions and (2) the foreseeability that those actions might cause harm.[3] When a person or company breaches this duty and causes injury, they may be held financially liable for the resulting damages.
This duty is intentionally broad. American tort law avoids listing specific prohibited acts, instead relying on this flexible duty so injured people can seek justice under a wide range of circumstances. It also gives juries discretion to evaluate each case based on community standards of reasonableness and fairness.
Notably, New York differs from many other states by not recognizing the attractive nuisance doctrine.[4] In New York, property owners are generally free to use their land as they choose, but they must take reasonable steps to prevent injury if certain conditions are met.[5]
Specifically, a property owner must take safety measures if it is reasonably foreseeable that children will enter the property.[6] This does not mean they must prevent all possible injuries, but rather take precautions if they are aware of:
- Dangerous activities occurring on the property;
- Dangerous conditions created by the owner; or
- Hazardous conditions are knowingly allowed to exist on the premises.[7]
Procedural Considerations for Filing Lawsuits Against Private Individuals
To bring a lawsuit against a private party, the plaintiff must file a formal legal complaint. This document outlines the specific negligent acts or omissions by the individual or business that caused the child’s injury.[8] Under New York law, the complaint must:
- State the allegations with enough detail to notify both the court and the defendant of the events the plaintiff intends to prove at trial; and
- Include the essential legal elements of each cause of action asserted.[9]
Municipal Liability: When New York City is Responsible
The Legal Duties of Municipalities
Municipalities like New York City have legal duties to: (1) maintain their roads, streets, and sidewalks in a safe condition,[10] and (2) keep their parks and playgrounds in reasonably safe condition.[11] These duties extend to:
- Taking physical care of public property;
- Preventing ultrahazardous activities from taking place there; and
- Preventing known criminal activity in parks or playgrounds when the city is aware of ongoing threats.[12]
Procedural Considerations for Suing Municipalities
Lawsuits against municipalities still require plaintiffs to file a complaint alleging the negligent actions that caused the injury, and those allegations must be stated with legal specificity.[13] However, additional procedural rules apply when suing a city such as New York:
- A notice of claim must be properly prepared and served on New York City, in compliance with state statute;[14]
- The notice must be served within ninety (90) days of the injury;[15]
- At least thirty (30) days must pass after serving the notice before a complaint can be filed;[16]
- The lawsuit must then be filed within one (1) year and ninety (90) days from the date of the injury.[17]
Strategies for Preventing Injuries
While children are naturally unpredictable, there are specific strategies that cities like New York can use to reduce the likelihood of serious injuries in public spaces.
Regular Safety Inspections and Maintenance
New York City can help prevent child injuries by performing routine inspections of playground equipment, athletic fields, school yards, and recreational structures. These inspections help identify and correct hazards such as broken equipment, sharp edges, rusted components, or unstable surfaces. Proper documentation also helps ensure that inspections are conducted on a consistent schedule.
Once hazards are identified, the City is legally obligated to repair or eliminate dangerous conditions promptly. Failure to do so can result in municipal liability under New York tort law.
To meet this responsibility, New York City operates the Parks Inspection Program (“PIP”).[18] PIP is a “comprehensive, outcome-based performance measurement system” that conducts frequent, random, and detailed inspections of parks and playgrounds throughout NYC.[19] Teams of trained inspectors use handheld devices and cameras to perform approximately 6,000 inspections each year.
Safe Design and Construction
Parks and playgrounds should be designed with child safety in mind. This includes incorporating age-appropriate equipment and separating play areas based on the intended age range of children who will use them. Features should be selected to minimize foreseeable risks based on developmental stages.
Children are naturally prone to falling and tripping due to their developing coordination. The risk of injury can be reduced significantly by installing impact-absorbing surfaces such as:
- rubber mats;
- engineered wood fibers; and
- poured-in-place surfacing under playground equipment.
Playgrounds should also be designed to reduce visual obstructions. By increasing visibility throughout playground areas, New York City can not only reduce injuries but also deter criminal activity.
Implement Adequate Supervision Policies
Supervision is essential in schools, recreation centers, and playgrounds. Adults responsible for supervision must be properly trained in injury prevention and emergency response procedures.
Address Environmental Hazards
New York City can further protect children by identifying and eliminating environmental hazards. This includes ensuring that playgrounds and surrounding areas are free of debris, broken glass, hazardous surfaces, or toxic plants.
There are also proven, real-world examples of NYC’s success in reducing child injuries. The Children Can’t Fly initiative—launched in 1972—was a public health program aimed at reducing child deaths and injuries from window falls.[20] The program was so effective that the NYC Board of Health amended the city health code to require window guards in apartments with children under ten years old.[21]
Dansker & Aspromonte’s Results: A Case Study
The child accident lawyers at Dansker & Aspromonte Associates have extensive experience handling serious injury claims involving public entities. Our attorneys represented a young girl injured at a public playground when her ring finger became caught in a gap within a slide structure, resulting in a traumatic partial amputation.
Despite the City’s argument that the injury was not serious, because only the tip of the finger was lost, we successfully proved that the psychological and emotional impact on the child was profound. Our legal team demonstrated that the injury affected every area of the girl’s life, from school to self-image to recreational participation.
The jury agreed and held New York City accountable for failing to properly maintain its playground equipment, awarding our client a verdict of $1.2 million.
Conclusion
When a child is injured due to negligence—whether by a person, a private business, or the City of New York—those responsible can and should be held accountable. While public and private lawsuits follow different procedural rules, the right legal strategy can lead to a full financial recovery for your child’s injuries.
New York City does make efforts to protect children, but sometimes those efforts fall short. When that happens, turn to Dansker & Aspromonte Associates. Our attorneys are known for being compassionate advocates and aggressive litigators. Your child’s recovery and your family’s financial stability are our top priorities.
Contact us today for a free consultation with our experienced child accident attorneys. You can reach us via our contact page or by calling us directly at (212) 732-2929.
[1] New York City Comptroller, “Comptroller Stringer: Playground ‘Deserts’ Leave Too Many NYC Children with No Place to Play (Pub. Apr. 27, 2019), https://comptroller.nyc.gov/newsroom/comptroller-stringer-playground-deserts-leave-too-many-nyc-children-with-no-place-to-play/#:~:text=Comptroller%20Stringer%20called%20for%20an,increase%20in%20their%20youth%20population..
[2] Ferrriera v. City of Binghamton, 38 N.Y.3d 298 (2022).
[3] Palsgraf v. Long Island Railroad Co., 248 N.Y. 339 (1928).
[4] Morse v. Buffalo Tank Corp., 380 N.Y. 110 (1939).
[5] Schwartz v. Armand Erpf Estate, 688 N.Y.S.2d 55 (1999).
[6] Schwartz v. Armand Erpf Estate, 688 N.Y.S.2d 55 (1999).
[7] Schwartz v. Armand Erpf Estate, 688 N.Y.S.2d 55 (1999).
[8] CPLR § 3012.
[9] CPLR § 3013.
[10] Friedman v. State, 67 N.Y.2d 271 (Ny 1986).
[11] C.B. v. Incorporated Village of Garden City, 192 A.D.3d 763 (N.Y. App. Div. 2021).
[12] C.B. v. Incorporated Village of Garden City, 192 A.D.3d 763 (N.Y. App. Div. 2021).
[13] CPLR § 3012; CPLR § 3013.
[14] N.Y. GEN. MUN. § 50-i (2024).
[15] N.Y. GEN. MUN. § 50-e (2024).
[16] N.Y. GEN. MUN. § 50-i (2024).
[17] N.Y. GEN. MUN. § 50-i (2024).
[18] NYC Parks, “Parks Inspection Program” (accessed April 26, 2025), https://www.nycgovparks.org/park-features/parks-inspection-program#:~:text=The%20Parks%20Inspection%20Program%20(PIP,of%20our%20parks%20and%20playgrounds.
[19] NYC Parks, “Parks Inspection Program” (accessed April 26, 2025), https://www.nycgovparks.org/park-features/parks-inspection-program#:~:text=The%20Parks%20Inspection%20Program%20(PIP,of%20our%20parks%20and%20playgrounds.
