April 11, 2012

Assumption of the risk.


Practice point: The doctrine does not exculpate a landowner from liability for ordinary negligence in maintaining a premises.

Student note: Here, however, defendants established as a matter of law that the uneven condition of the soccer field’s artificial turf was open and obvious, and was not the result of defendants' negligence in maintaining the field.

Case: Benolol v. City of New York, NY Slip Op 02426 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Summary judgment motions.