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.