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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46726 Judge Scheindlin PLAINTIFF SUED her father, among others, alleging causes of action for negligence and product liability arising from a 2001 accident in which she sustained injuries resulting from touching the glass surface of a fireplace in her father’s home. Plaintiff is a three-year-old child bringing the action through her mother. Defendant father argued that he is not liable under a theory of negligent entrustment because he did not “entrust” a dangerous instrument to his 11-year-old daughter and she was not improvident in her use of the allegedly dangerous instrument, the gas fireplace. The court granted summary judgment to defendant father on this claim, concluding that he authorized his 11-year-old to flip a switch, which is easily distinguishable from allowing a child access to something like a car or motorcycle. The court, however, found an issue of fact as to whether negligent supervision or the breach of a duty to exercise reasonable care in the operation of the gas fireplace was the proximate cause of plaintiff’s injuries.

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