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QC01172013

The QUeeNS CoUrier •JANUARY 17, 2013 for breaking news visit www.queenscourier.com Advertorial SCOTT BARON’S STAR OF QUEENS Legally Speaking By: Scott Baron, star Attorney at Law OF AN UNSTABLE LADDER queens Q: One day, I got a call from Barry, offering me work. We arrived at the premises, a one-story building that appeared to contain a car repair business. Engines, car parts and pallets were strewn all over the floor. Barry instructed me to remove old pipes and other items hanging from the ceiling. He gave me an A-frame ladder. The presence of the pallets and engines prevented me from placing the ladder squarely on the cement floor, so I put part on the cement floor and the other part on a pallet. No one held the ladder steady. After less than five minutes, I tumbled off. Barry took me in a van to the hospital, screaming out in pain as the vehicle hit bumps. A: An owner of commercial property is liable for a violation of Section 240(1) that proximately causes injury to a worker, even though a tenant of the building contracted for the work without the owner’s knowledge. Section 240(1) of the Labor Law imposes a non-delegable duty on the commercial owner – even when the job is performed by a contractor the owner did not hire and of which it was unaware, and therefore over which it exercised no supervision or control. Failure properly to secure a ladder to insure that it remains steady and erect constitutes a violation of section 240(1). So long as a violation of the section proximately results in injury, the owner’s lack of notice or control over the work is not conclusive. There is strict liability in this context. On the other hand, unless the owner had actual or constructive notice of this dangerous condition, or either directed or controlled your work, you cannot prevail against it on a claim of common-law negligence or under section 200 of the Labor Law. sHani faUre The law responds to changed conditions; exceptions and variations abound. P.S. 140 PTA PRESIDENT Here, the information is general; always seek out competent counsel. COMMUNITY INVOLVEMENT: Shani Faure became the PTA president of P.S. Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 140 only a year ago, but her community advocacy dates all the way back to her 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 teenage years. Faure is one of the project managers at Life Camp Incorporated, 1750 Central Park Avenue, Yonkers, NY 10710 a nonprofit organization aiming to save teens from gun violence, and is also a 718-738-9800, 914-337-9800, 1-866-927-4878 life coach for single mothers. As PTA President, Faure focuses on fundraising through social events and school sales and also on increasing parent involve- ment in the school. 2012 “I try to think about creative and unique ways to get the parents out there,” THE QUEENS the she said. “Not only just to know what’s going on in the school, but also differentof ways to build better relationships between parents and students.” QueensCourier.com PERSONAL BACKGROUND: Faure is a native New Yorker, born in Brooklyn, but moved around as a child. However, despite her location, one thing remained constant – her advocacy for the community. She began as a Girl Scout, and said she worked in hospitality ever since she was 14 years old. During her college years, she worked with children in low-income neighborhoods. “I always spent my time volunteering and mentoring those less fortunate,” she said. FAVORITE MEMORY: In her position, Faure said her favorite memories involve “just seeing the smiles on the kids’ faces, because they really do appreci- ate the little things.” All of the P.S. 140 students and parents have come to know her friendly face, and they enjoy seeing her in the school every day. “It’s a very family-oriented school, and I think that’s what I love,” she said. “Everybody pitches in and does their part.” INSPIRATION: Through all of Faure’s volunteer work, she has encountered many different people, mainly children. In college, she recalled seeing kids that go home to negligent parents, and it made her want to be there for them “Some kids just don’t have anybody at home,” she said. “So at least they now know that at school they have other people to talk to, and I think that makes the difference.” Faure said that a lot of students in the area are at a “disadvantage,” and she wants to be there, along with others, to help them. BIGGEST CHALLENGE: Getting parents more involved is a perpetual problem for Faure, but aside from that, she wants upgraded technology in the school. Currently, the school has very few storyboards, which can help individual students do anything from lay out a storyline in English or break apart a word equation in math. Faure would like to get a storyboard for every student, and also update their computer center with Apple equipment. brought to you by SCOTT BARON & ASSOCICATES, P.C. Attorneys & Counselors at Law 1-866-WAS-HURT (866) 927-4878 718.738.9800


QC01172013
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