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Keywords

plaintiffdefendantdamagesnegligenceliabilitystatuteappealtrialverdictcommon law

plaintiffdefendantnegligenceliabilitystatuteappealtrial

Related Cases

Elliott v. City of New York, 95 N.Y.2d 730, 747 N.E.2d 760, 724 N.Y.S.2d 397, 153 Ed. Law Rep. 751, 2001 N.Y. Slip Op. 02642

Facts

After playing softball at John F. Kennedy High School, the plaintiff climbed five rows of bleachers without handrails and fell while attempting to descend, resulting in injuries. The plaintiff's negligence action was based on the defendants' alleged violation of the New York City Building Code, which mandates protective guards on bleachers. The trial court directed a verdict for liability based on this violation, while the jury determined causation and damages, finding the defendants 100% liable.

After playing a few innings of softball at an athletic field located at John F. Kennedy High School, a public school in the Bronx, plaintiff claims that he left the field and headed toward an adjacent set of bleachers. He climbed five rows of seating and sat on the top row. There were no handrails on either of the open ends of the bleachers. Ten minutes later, when it began to rain, plaintiff attempted to descend the bleachers. After taking his first step, he lost his balance and fell approximately four feet to the ground below, sustaining injuries.

Issue

Whether the trial court properly determined that the defendants were negligent as a matter of law based on a violation of the New York City Building Code.

The central dispute in this appeal is whether it was proper for the trial court to determine that, as a matter of law, defendants were negligent based on a violation of section 27–531(a)(8)(d) of the New York City Building Code.

Rule

A violation of a municipal ordinance constitutes only evidence of negligence, not negligence per se, unless it is a state statute imposing a specific duty.

As a rule, violation of a State statute that imposes a specific duty constitutes negligence per se, or may even create absolute liability.

Analysis

The court analyzed the distinction between state statutes and local ordinances, concluding that the violation of the New York City Building Code provision regarding bleachers should be treated as evidence of negligence rather than negligence per se. The court emphasized that only the Legislature can alter the common law of negligence, and since the Building Code is a local enactment, it does not carry the same weight as a state statute.

In analyzing whether a violation of this Administrative Code section should be viewed as negligence per se or as some evidence of negligence, we consider the origin of this provision.

Conclusion

The Court of Appeals reversed the lower court's decision, ruling that the Building Code violation did not constitute negligence per se and ordered a new trial.

Accordingly, the judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and a new trial ordered.

Who won?

The defendants prevailed in the case because the Court of Appeals found that the trial court's determination of negligence per se was unwarranted.

Defendants contend that a violation of this provision constitutes only some evidence of negligence.

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