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DEFENDANT’S Premises Liability – Fall Down – Minor plaintiff falls from indoor playground at defendant’s mall – Negligently creating an unsafe public nuisance – Close fracture of the left humerus – Surgery required.

Allegheny County, PA

In this premises liability action, the mother of the minor plaintiff maintained that the minor was injured when he fell from indoor playground equipment while he was a business invitee of the defendant mall. The defendants argued that the minor fell because he was improperly supervised by his family while using the equipment.

On August 24, ________, the male minor plaintiff was a business invitee at the defendant’s mall. He was playing on an indoor playground when he fell approximately five feet to the ground from a bridge on the playground suffering injuries. The plaintiff maintained that the defendant was negligent in failing to use due care, creating a public nuisance, failing to employ the use of age appropriate playground equipment and failing to provide protective barriers.

As a result of the fall, the plaintiff suffered a closed fracture to the left humerus requiring closed reduction and pinning. The defendants denied all allegations of negligence. They argued that the posted rules stated that minors had to be accompanied by an adult and that the minor’s adult sister was supposed to be watching the minor, but did not accompany him on the equipment. The defendant brought in the adult sister and the manufacturer of the equipment as additional defendants.The jury found no negligence on the part of the original defendants or the additional defendants.

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