16 THE QUEENS COURIER • FEBRUARY 28, 2013 FOR BREAKING NEWS VISIT www.queenscourier.com st of the 2013 THE QUEENS QueensCourier.com Place Advertorial Legally Speaking By: Scott Baron, Attorney at Law PHOTOS OF THE STAIRS Q: My father was descending upon a stairway from an elevated subway station, toward the street. A missing piece of metal and concrete ledge caused Pop to lose his balance and fall violently to the floor. The next day, I took several photos of the stairway out of fear that the stairs may be repaired due to my father’s accident. Would these photos prove helpful in establishing the cause of the accident? A: Your attorney will surely want photographs: they may be used to prove constructive notice of the defect – if the photos are taken reasonably close to the time of the accident, and if there is testimony that the condition at the time of the accident was similar to the condition shown in the photos. From what you tell me, the photos will show that the step was missing a section of the metal ledge covering the rest of the step’s edge, as well as a piece of concrete, causing some kind of depression. Generally, the deeper and wider the depression is, the more likely you are to win. Such photos might even show that the concrete in the depression was covered with dirty faded paint – further establishing that the defect had existed long enough to be noticed. Your attorney may even be able to discover a record of trouble calls made by station supervisors – perhaps requesting repainting of the stairs with safety paint – or another record establishing that the last paint job had been done long before the day of the accident. All in all, you must offer sufficient evidence for the jury rationally to conclude that the defendant had constructive notice of the defect in the step that caused the accident. This provides a valid line of reasoning and permissible inferences for the jury to find that the defect had been there a sufficient length of time prior to the accident to permit the defendant’s employees to discover and remedy it. 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 © 2013 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 If you suffer with herniated discs or sciatica, no matter how long you have had it or how severe, or how many doctors and treatments you have tried... THIS MAY FINALLY BE THE ANSWER YOU ARE LOOKING FOR! If you can spare 60 minutes, we guarantee to show you: The safest, fastest and most effective back pain solutions! The main conditions we have DOCUMENTED SUCCESS with are: Herniated & Bulging Discs • Degenerative Disc Disease Failed back surgery or relapse after surgery • Back and Neck Pain • Sciatica SPECIAL OFFER If you would like to see if non-surgical spinal decompression can help you, you can for FREE and we are so confident you will find this worthwhile, that we will even buy you dinner. Here is what you need to do: Call Queens Spine Center at 718-279-8319 to register for the 60 minute dinner seminar to be held at: BOURBON STREET 40-12 Bell Boulevard, Bayside, NY 11361 Wednesday, March 6th at 7:30pm Seating is limited and we will have to qualify you for this special invitation. We encourage you to bring a guest. Please choose someone who cares about you and is worried about your back condition. Due to expected demand for this seminar, we suggest you call at once. Any delay may put you on a waiting list.
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