Practice point: The doctrine includes risk associated with the construction of the playing surface, and any open and obvious condition on that surface.
Students should note that, for the doctrine to be applied, plaintiff need not have foreseen the exact way in which the injury occurred, as long as plaintiff was aware of the potential for injury of the mechanism from which the injury resulted.
Krebs v. Town of Wallkill , NY Dept. 2011
Tomorrow's issue is privilege.
