Bennett v. City of New York

In Bennett v. City of New York (303 A.D.2d 614 [2003]), the 13-year-old plaintiff sustained an injury when she slipped on the ground-level horizontal support bar of a hurdle over which she was attempting to jump. The Second Department, in directing a new trial, stated: "In light of all of the circumstances of this case, including the infant plaintiff's age, her level of experience, and the defendant's alleged failure to furnish her with adequate instructions, we do not agree with [defendant's] argument that the doctrine of assumption of the risk presents a complete bar to recovery" (303 A.D.2d at 615).