28 North Shore Towers Courier n May 2015 Martin Ragusa Video Technician/Consultant NORTH SHORE TOWERS 272-59 Grand Central Pkwy. Floral Park, N.Y. 11005 Tel. 516-328-2113 • 718-279-4595 Fax. 718-279-4597 • Email. [email protected] THE ART OF ELDER LAW For more than 30 years the elder law firm of Ronald Fatoullah & Associates has been providing New Yorkers with legal solutions that protect, relieve and endure for generations. Our dedicated attorneys are skilled in the art of giving legal advice and are accomplished in elder law, Medicaid eligibility, estate planning, trusts, estate mediation, wills, asset protection, guardianships, probate and most issues associated with the challenges of aging. Our distinguished reputation is based on a commitment to the highest ethical and professional standards and our core values of honesty, integrity, and excellence. “We won’t settle for anything less”. 1-877- ELDER LAW 1-877-ESTATES Queens • Long Island • Manhattan • Brooklyn ATTORNEY ADVERTISING AT NORTH SHORE TOWERS FIRST TIME CLIENT FREE Manicure & CURRENT CLIENT Free Manicure On Your Birthday Good only Tues. & Wed. SALON & MED SPA 718-423-8800 718-225-4100 Legally Speaking By: Scott Baron, Attorney at Law Advertorial 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. 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 Avenue, Yonkers, NY 10710(718) 738-9800, (914) 337-9800, 1-866-927-4878
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