Posted on Jan 23, 2009
In a news story that broke yesterday, it was reported that the Mishawaka police's investigation found that a kindergartner was accidentally electrocuted when he climbed into an unlocked utility box. Although the report apparently indicated that several critical facts remained unknown, such as why the utility box was not only unlocked, but apparently didn't have any lock in the first instance, nevertheless, the report still found the municipality - which owns the utility box - was not negligent.

To see why I believe the result would be different under New York law, click here.

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Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer