Tuesday, May 05, 2009
A New York state trial court dismissed a claim by a victim of a slip-and-fall accident that a group of synagogues should be liable for her injuries because she tripped over a fallen wire that was part of an eruv maintained by the defendants. The eruv ran through the property of St. John's Episcopal Hospital's teaching center located at 327 Beach 19th Street where the plaintiff fell.
In Egar v. Congregation Talmud Torah, (NY Sup. Ct., April 16, 2009), the plaintiff claimed that defendants had constructive notice that the eruv constituted a dangerous condition because a year earlier an eruv wire had fallen in a different location. The court disagreed, saying that a "single incident of the eruv falling a year before this incident certainly does not constitute evidence of a regularly recurring condition of which defendants must be aware."
For the court's opinion, click here
For the New York Law Journal article, click here