Advertorial Legally Speaking By: Scott Baron, Attorney at Law THE TREADMILL 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 St. Michael’s renews last year’s efforts to make the upcoming within All Souls Chapel, the United States Marines will collect presents to be distributed to children across the metro area. At this time of economic pain it is up to us to make the Holidays a time of Joy for children. Hank Johnson of Jazzbone Records playing Christmas favorites on the piano. 10 LEHAVRE COURIER | DECEMBER 2015 | WWW.QNS.COM Village Hairstylist UNISEX SALON LADIES ANY HAIRCUT STARTS AT $20-$50 FREE HAIRCUT WASH & BLOWDRY WITH ANY HIGHLIGHTS AND COLORS FREE MINI BAR, COLD BEER, CHAMPAGNE, WINE Hair Services • Haircut • Shampoo & Style • Perm • Color • Highlights • Eyebrows • Body Waxing • $10 OFF $30 BLOW DRY • $25 OFF ANY HIGHLIGHTS OR FULL COLOR • $10 OFF WALK-INS • $15-$55 OFF HIGHLIGHTS FAMILY BARBERSHOP 2000 INC. • FADES • TAPE-UPS • CREW CUTS • COLOR • DESIGNS • BEARD TRIM • SHAPE-UPS • EYEBROW • HOT TOWEL SHAVES • ROYAL SHAVE FACIALS • FLAT-TOPS • COMB-OVERS 20-24 Francis Lewis Blvd, Whitestone, NY 11357 • 718-357-4411 Hours: Mon-Sat 9:00AM-7:30PM Sun: 9:30AM-5:30PM HYPERACTIVE KIDS & INFANTS WELCOME • $35 HAIRCUT, HOT TOWEL SHAVE & WASH • $5 OFF COUPON ANY NEW CUSTOMERS, HAIRCUT & WASH • $45 HAIRCUT, ROYAL SHAVE FACIAL & WASH SPECIALS SPECIALS WWW.STEVE3000BARBERSHOP.COM BFamilyBarberShop@yahoo.com WALK INS WELCOME *Price depends on hair length COMMUNITY NURSING AGENCY, INC. We offer Skilled Nursing, Home Health Aides, Personal Care Aides, Companions, Live-Ins, Housekeepers and more. We are Contracted with Several MLTC’s We accept and will bill Most Major Medical Insurances. We also accept Private Paying Clients Please call today and let us know how our healthcare professionals can help you! Licensed by New York State Dept. Of Health 7 Days A Week 24 Hours A Day NOW THAT’S PEACE OF MIND 104-11 120 Street • Richmond Hill, NY 11419 Tel: (718) 322-8121 • Fax: (718) 322-8029 St. Michael’s Cemetery 72-02 Astoria Boulevard • East Elmhurst, NY 11370 Tel: 718.278.3240 • Fax: 718.278.2168 Holiday Season joyful for needy children. On Saturday, December 19th at 2P.M. YOUR AID IS NEEDED! For further information contact Ed Horn. Phone: 718.278.3240
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