2 CRYDER POINT Courier | december 2015 | www.qns.com Four Two’s Private Car Service 718-746-2222 Family Owned Since 1988! • 24 Hour Service • Reasonable Rates • Quick Response • Anytime/Anywhere • Reservations Welcome • Senior Citizen Discounts Available • Package & Courier Deliveries • Corporate Accounts Welcome • Special Rates To All Airports $1.00 OFF any ride over $10.00 (not to be combined with any other offer) Exp. 12/31/2015 For cash calls only $2.00 OFF any ride over $20.00 (not to be combined with any other offer) Exp. 12/31/2015 For cash calls only $3.00 OFF any ride over $30.00 Keeping Our Clients Satis ed Is Our #1 Priority NYC Taxi & Limousine Commission # B00445 150-18 12 Road • Whitestone, NY 11357 | Accepting All Major Credit Cards (not to be combined with any other offer) Exp. 12/31/2015 For cash calls only DRIVERS WANTED Legally Speaking By: Scott Baron, Attorney at Law THE TREADMILL Advertorial Q: Four times a week, if not more, I would exercise at the club. Every time, I would use a treadmill. One day, I had been standing in line beside a treadmill for almost two minutes, talking with another patron. Finally, I got my turn. The treadmill had not been turned off. Stepping on, I lost my balance and fell. A: The club’s attorney will argue that you assumed – voluntarily took on – the risk that was inherent in using this running treadmill. You would have a very uphill battle to try to show that the club created or had notice of a dangerous condition. Although it would help your case if other health clubs have treadmills that automatically turn off, when the previous patron steps off, I have never heard that they do. The doctrine of primary assumption of risk provides that a voluntary participant in a sporting or recreational activity consents to those commonly appreciated risks that are inherent in and arise out of the nature of the sport generally and flow from such participation. It seems that the risks of using this treadmill were obvious and apparent. You consented to them. By making the conditions as safe as they appeared to be, the club had discharged its duty of care. Unless there is something you have not told me, you are likely to be barred from recovery – because of the doctrine of primary assumption of risk. But see an attorney, to be sure. 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 © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878
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