Zarilla v. Pennachio

A parent owes a duty to protect third parties from harm that is clearly foreseeable from his or her child’s improvident use or operation of a dangerous instrument, where such use is found to be subject to the parent’s control (see Rios v Smith, 95 NY2d 647, 653 [2001]; LaTorre v Genesee Mgt., 90 NY2d 576, 582 [1997]; Nolechek v Gesuale, 46 NY2d 332, 340 [1978]). “[I]tems that are commonly used by children, of suitable age in a manner consistent with their intended use, may not, as a matter of *1041law, be classified as dangerous instruments” (Rios v Smith, 95 NY2d at 653).

Here, the defendant made…