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Injury at water fountain dismissed as no liability on public entity.

January 1, 2019
Farrar v. City of Perth Amboy, 36-2-8364, App. Div.; 2015 N.J. Super. Unpub. 2582

The plaintiff’s claim was dismissed as no liability was found on the public entity for the condition of the water fountain. The plaintiff was playing football with friends in the city park. He went to get a drink and fell, fracturing his knee. The water fountain was on a concrete pad elevated one inch over the control box cover and flush to the ground. The panel found that the slight elevation of the concrete pad at the valve cover could not reasonably be found to have created a substantial risk of injury.

 

Case Law Alerts, 1st Quarter, January 2019

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