Practice point: The doctrine of primary assumption of the risk includes those risks associated with the construction of the playing surface, and any open and obvious condition on it.
Students should note that the mere fact that defendant could have provided safer conditions is beside the point where the risk is open and obvious.
Case: Bendig v. Bethpage Union Free School Dist., NY Slip Op 05715 (2d Dept. 2010)
Here is the opinion.
Monday's issue: Motion practice.
