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UPPER WEST SIDE, Manhattan — A toddler scorched his feet with second-degree burns on the rubber flooring at Safari Playground on the Upper West side.

Attorney Gershon Abramoff filed a notice of claim Wednesday, saying the city is at fault for 2-year-old Luke’s injuries by negligently installing a playground surface capable of retaining heat and burning a child’s feet.

“Second-degree burns on the feet is something that is not foreseeable for a parents perspective but it’s absolutely preventable from the cities perspective, they can design playgrounds to prevent this from happening, and they did not,” said Abramoff in a statement.

Luke’s mom said his summer is now canceled. Luke loves the beach, the playground and walks in the city, but that’s off-limits for now with a long road to recovery and worries there could be permanent nerve damage. 

NYC sent a statement to PIX11 News. 

“We want all parkgoers to enjoy our parks and playgrounds this summer, and we urge families to stay safe in the sun on hot days — make sure kids always wear proper footwear, use sunscreen, and drink plenty of water.”

Park rules and safety tips are posted on signage at Safari Playground and can be found on their website.