The Appellate Division recently reviewed the case of a plaintiff who tripped and fell, allegedly fracturing his knee, when he went to get a drink from a water fountain in a Perth Amboy park where he had been playing football with his friends. He appealed the dismissal of his case by the trial court.
The water fountain was situated on top of a concrete pad. Abutting the concrete pad on the grassy side was a control box for the fountain that was flush to the ground. The pad was elevated approximately one inch where the control box cover abutted the pad. The plaintiff claimed that he tripped on this one inch “lip”.