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Thomas Benjamin Case Summary

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Thomas Benjamin was enjoying a hockey game on the night of November 16, 1979. The hockey game was held at Romney Arena, located on the campus of State University of New York at Oswego. Thomas feels that the stadium failed to protect him and were negligent to not only him but other people at the game. The stadium is oval shaped and was enclosed with a dasher board that was about one-half feet in height. In front of where that players sat thwere was no protective fencing besides the dasher board and thee are was just an open area. Thomas was with his brothers and friends and they were going to watch the second game of the “Oswego State Great Lakers”. They had left their regular seats to go get a drink at the concession stand and decided to watch the rest of the game near the sidelines. They were seated behind the protective fence which was 10 to 15 feet high wen the puck found its way into the stands and had hit Thomas. A duty to exercise “reasonable care under the …show more content…
The court is guided more towards the plaintiff’s claim because in order to have a pleasant hockey or any sport experience, there must be protection all around the stadium. The court comes to the agreement that the lack of protection is a dangerous condition that was a definite risk of injury and constituted negligence to all the people at the game. However, Thomas had the right to assume every risk that was possible when he took those seats with his brothers and friends. Children that young do not know the risk to get hurt when they are that close to the game, and since Thomas was only eleven, he is still too young to know the risk that could occur. Thomas was struck with the puck he felt numb all over and was told to go see first aid and was later taken to the hospital for further evaluation. The next morning he felt sick and was vomiting all morning and was taken to a medical center.

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