Advertorial VIDEO Legally Speaking By: Scott Baron, Attorney at Law A SECRET POLICY Q: My special-needs bus would never enter the school yard. Instead, it would stop on the street, and an employee of the bus company would make sure I got inside. One day, the employee was absent. I was left unattended in the traveling bus, for over six hours. Everyone agrees that the bus company is liable for this. What about the school? A: Traditionally, it has been the responsibility of the bus company, not the school, to check to see that all of the children have exited the bus. A school’s duty to its students is dependent on its physical custody of those students, and you never passed into that physical custody. However, suppose that, before this incident, the school had promulgated a policy, and implemented a practice, of ascertaining the whereabouts of any child who is absent from class. By virtue of this, your attorney might be able to contend that the school had assumed a duty to ensure the safe arrival of its students. On the other hand, in order for the school to be negligent in the performance of any such assumed duty, the bus company or your parents must have known of, and relied upon, the school’s performance. You or the company must have tailored your own conduct in reliance upon the school’s hypothetical policy of checking. I would imagine that, even if the school had such a policy, the school had declined to publicize it – and cannot possibly have relied on upon a policy that was secret. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 C.J.M. CONTRACTING INC. CHRIS MULLINS 12 CRYDER POINT Courier | JANUARY 2015 | www.queenscourier.com VIDEO VIDEOgraphErs WantED! The Queens Courier is looking for a talented pair of eyes to join our team. Experienced, knowledgeable Videographers should contact our Editorial Department at editorial@queenscourier.com LIC: #0982130 CALL LIAB. DISAB + W/C INS. 718-276-8558 • Bathrooms • Kitchens • Basement • Carpentry • Roofi ng • Flat Shingle • Attics • All Renovations • Masonry • Stoops • Brickwork • Waterproofi ng • Pointing • Windows EXPERTS IN FIXING LEAKS OWNER OPERATED 30 YEARS RELIABLE PROMPT SERVICE FREE ESTIMATES REASONABLE RATES DORMERS & EXTENSIONS
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