For Excellence In Dentistry! “Right across from LeHarve” www.whitestonedentist.com Douglas L. Maggio, D.D.S. 718.767.7575 11-17 166th St, Whitestone, NY 11357 Most Insurance Plans Accepted General Dentistry for Adults And Children COSMETIC DENTISTRY · IMPLANTS Dentistry For The Apprehensive Nitrous Oxide (Sweet Air) Painless Anesthesia · Endodontics Oral Surgery · Prosthodontics Digital Radiography · Periodontics Emergencies Seen Promptly 10% OFF FOR LEHARVE RESIDENTS FREE Exam And Necessary X-Rays For New Patients KIDS SPECIAL FREE Exam And Necessary X-Rays For Children 12 & Under 20% OFF Brite Smile In Office Teeth Whitening Advertorial Legally Speaking By: Scott Baron, Attorney at Law TRAP FOR THE UNWARY Q: My daughter’s gym class was being covered by a substitute – who had taken the class outside, to a football field that is surrounded by a track. The substitute gave the students the option of walking around the track or playing touch football. After walking one lap around the track, my daughter and her friends approached the substitute, “Can we go on the mats at the other end of the football field?” These mats were for the sport that is appropriately called ‘high jump’. The substitute said yes, but gave the children no warnings or instructions about these mats. As my daughter neared the edge of a mat, attempting to get down, her foot became caught in a tear. While attempting to untangle her foot, she plunged to the ground. A: If you have good photographs, then a jury can reasonably infer that the tear in the mat had existed for a sufficient period of time for the school to have discovered and remedied it in the exercise of reasonable care. The school is deemed to have had ‘notice’. The school might choose to defend itself by arguing that the tear in the mat was ‘open and obvious’ under the circumstances. The issue of whether a dangerous condition is open and obvious is fact-specific, and usually a question for a jury. A condition that is ordinarily apparent to one person – making reasonable use of her senses – may be rendered a ‘trap for the unwary’ where the condition is obscured or the victim is distracted. 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 Look to us at a time when compassion and trust are needed the most. Newly Renovated Facilities • Chapel, Family Gathering & Graveside Services Available • Arrangements Can be Made in the Comfort of Your Own Home • Live Broadcasting of Funeral Service 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 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 4 lehavre Courier | august 2014 | www.queenscourier.com www.parksidememorialchapels.com
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