Grivas v. Grivas

In Grivas v. Grivas, 113 AD2d 264 [2d Dept 1985]) the mother had left the lawn mower running while she went into her house to answer the phone. While she was inside, the child went to retrieve a ball that had rolled near the lawn mower, and was injured when her hand came in contact with the rotating blades of the unattended mower. As viewed by the Appellate Division, under those facts, both the mother's failure to give the child instructions to stay away from the mower and her "affirmative act of permitting the child to play in proximity to a potentially dangerous condition would merely constitute negligent parental supervision" ( id., at 269). Rather, what exposed the mother to liability was her alleged breach of a "duty owed to all," namely, "the duty to exercise reasonable care in the operation of a lawn mower" (ibid.). As explained by the Grivas Court, "the infant plaintiff, who went to retrieve her ball ... occupied the same position as any neighborhood child with respect to the operator's duty of care" (ibid.).