Advertorial Legally Speaking By: Scott Baron, Attorney at Law GUNSMOKE TOO INC PREMIUM CIGARS & LAW ENFORCEMENT EQUIPMENT WAS IT MY SHOELACES? 14-30 149th St Whitestone • 917-563-1101 Q: In front of the store, there was an area to walk around. While running toward the ice cream truck, I slipped and fell. My father says that I slipped on some loose and broken pieces of asphalt. At the hospital, my mother took a look at my shoelaces. She remarked, “I told you to tie them better.” I answered, “I forgot.” Someone wrote that down. My father says that my shoes were tied both before and immediately after the accident. A: A hearsay entry in a hospital record as to the happening of an injury can be admissible evidence, even if not germane to diagnosis or treatment. This would be where the entry is inconsistent with another account that you provided – so long as there is evidence connecting you to the entry. However, if there was nothing more to the conversation than you have told me, then there still remains ample room for your father’s theory of causation to be accepted. In case the jury will accept your father’s theory, the storeowner will want to show that it did not create the asphalt condition, and did not have actual or constructive notice for a sufficient length of time to discover and remedy that hazard. The storeowner’s attorney will attempt to find specific evidence as to when the promenade was last cleaned or inspected prior to your fall. Your own attorney will be looking for evidence that the condition had existed for a long time, and even (in your best case) been the subject of complaints 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 Look to us at a time when compassion and trust are needed the most. N e w l y R e n o v a t e d F a c i l i t i e s • Chapel, Family Gathering & Graveside Services Available • Arrangements Can be Made in the Comfort of Your Own Home • Live Broadcasting of Funerals Over the Internet • Monument and Inscription Services Available On-site • FDIC Insured Pre-Arrangements • On Staff Rabbi to Answer All Questions Call 24 Hours a Day, 7 Days a Week 718-896-9000 or 1-888-860-8616 10 LEHAVRE COURIER | FEBRUARY 2016 | WWW.QNS.COM PISTOL LICENSING CONSULTANT, SPECIALIZING IN BUSINESS CARRY, HOME AND BUSINESS PREMISE VIP PRIVATE ROOM Available For Rent! Great Pricing! LARGER INVENTORY Walk In HUMIDOR ♥ Walk In Humidor LARGE SELECTION OF POLICE EQUIPMENT For Valentines... Give Him What He Really Wants! Gift Certificates DUTY BELTS • ACCESSORIES FOR DUTY BELTS HANDCUFFS • KEVLAR GLOVES • TATICAL PENS • ON & OFF DUTY HOLSTERS PREMIUM BRAND CIGARS • CIGAR ACCESSORIES • PIPES •PIPE TOBACCO • ACCESSORIES Available!♥ Large Selection Of Premium Cigars! Relax & Enjoy A Great Cigar In Our Smoking Lounge! PARKSIDE MEMORIAL CHAPELS INC. 98-60 Queens Boulevard • Forest Hills, NY Other Chapels Located in Rockville Center, Woodbury, Brooklyn, and in Florida in Dade County, Broward County, Palm Beach Counties www.parksidememorialchapels.com
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