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North Shore Towers Courier n January 2015 21 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. Advertorial 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 The Lev Group at Morgan Stanley The Lev Group at Morgan Stanley Judy Lev Senior Vice President Financial Advisor Senior Vice President Corey D. Lev, CFP®, CRPC® Vice President, Wealth Management Financial Planning Specialist Financial Advisor 855 Franklin Avenue Garden City, NY 11530 516-227-2894 judy.w.lev@ms.com Risk management is not a do-ityourself Judy Lev © 2014 Morgan Stanley Smith Barney LLC. Member SIPC. GP11-01368P-N09/11 7177568 MAR002 07/12 job. Risk assessment is a complex process. It involves balancing risk and opportunity so that your choices translate into sound investment decisions. As Morgan Stanley Financial Advisors, we have the experience, knowledge and resources to help you maintain that balance. We can work together to identify risk, recognize how it could affect your portfolio and work towards minimizing its impact. Learn more by calling today to schedule a meeting with us. Financial Advisor Corey D. Lev, CFP®, CRPC® Vice President, Wealth Management Financial Planning Specialist Financial Advisor 855 Franklin Avenue Garden City, NY 11530 516-227-2894 judy.w.lev@ms.com Risk management is not a do-it- yourself job. Risk assessment is a complex process. It involves balancing risk and opportunity so that your choices translate into sound investment decisions. As Morgan Stanley Financial Advisors, we have the experience, knowledge and resources to help you maintain that balance. We can work together to identify risk, recognize how it could affect your portfolio and work towards minimizing its impact. Learn more by calling today to schedule a meeting with us. © 2014 Morgan Stanley Smith Barney LLC. Member SIPC. GP11-01368P-N09/11 7177568 MAR002 07/12


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