FOR BREAKING NEWS VISIT www.queenscourier.com march 13, 2014 • The Queens Courier 25 Josephine Lam, CPA 41-25 Kissena Blvd., Ste. 108 Flushing, NY 11355 Tel: 718.888.0988 Fax: 718.888.1011 · Business & personal tax returns preparation · Tax planning & consulting · Accounting, bookkeeping & payroll services · Business registration & dissolution Email: jlam@jlamcpa.com Serving the Needs of Individuals & Businesses EARN EXTRA INCOME TELEPHONE SALESCLASSIFIED AD SALES Experience necessary, but will train. Part-time, flexible hours 5 days a week, 4 hour shifts Qualifications: reliable, punctual, excellent phone and people skills BAYSIDE, QUEENS LOCATION CLOSE TO LIRR SALARY + COMMISSION CALL FOR INTERVIEW 718.224.5863 ext. 228 Legally Speaking By: Scott Baron, Attorney at Law IN KINDERGARTEN Advertorial Q: In kindergarten, Johnny was waiting his turn to use the bathroom. Absent-mindedly, he placed his hand inside the hinged side of the bathroom door. A fellow student entered the bathroom and closed the door on Johnny’s finger. The accident occurred during rest time, when the students were resting their heads on their tables. The teacher would permit one table of four after another to stand in line for the bathroom. The school has told me that the kindergartners had been instructed at the beginning of the school year to stay on a carpet placed a few feet from the bathroom door while waiting their turn. The teacher claims that she would usually reprimand any student who failed to comply with the rule. The teacher says that, at the time of the accident, she was at her desk on the other side of the room, watching the students resting at their tables, and not watching the students lining up at the bathroom. She did not observe the accident. A: While a school district is not an insurer of the safety of its students – since it cannot reasonably be expected to continuously supervise and control all of their movements and activities – it has a duty to adequately supervise the students in its charge and will be held liable for foreseeable injuries proximately related to the absence of adequate supervision. However, from what you tell me, the supervision may well have been adequate. As an alternative, perhaps there was excessive space between the door and the surface to which the hinge attached it. Perhaps such doors are supposed to have protective guards. If so, your attorney may do better with an argument that this bathroom door was inherently dangerous and defective, for a kindergartener, and that the school had notice of this defect. You might even be able to show that another child had been injured at the school in the past in a similar way. Despite this, the school took no action to correct the door after that other child was injured. Whether a dangerous or defective condition exists on property, to create liability, depends on the peculiar facts and circumstances and is generally a question of fact for the jury. 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 2014 Estate Tax Law Changes-Are You At Risk? Costly Mistakes You Cannot Afford to Make! Come to a Free Workshop on Wills Living Trusts & Medicaid Planning Estate Planning Seminar Thursday March 13th at 6:30 pm Law Firm of Albert Cohen, P.C. 104-70 Queens Blvd., Conference Room 3rd floor Forest Hills, NY 11375 Tuesday March 25th at 6:00 pm Dance Club International and Catering Hall 7547 Metropolitan Ave. Middle Village, NY 11379 Wednesday March 26th at 6:00 pm The Family Restaurant 110-80 Queens Boulevard Forest Hills, NY 11375 Thursday April 1st at 6:00 pm Law Firm of Albert Cohen, P.C. 104-70 Queens Blvd., Conference Room 3rd floor Forest Hills, NY 11375 Dinner will be served at each seminar. Learn about how you can protect your family, create your legacy, and preserve your wealth! Call us today to reserve your seats at (718) 275-7779. Seating is Limited. Refreshments Served. Call now to reserve your seat 718-275-7779 At the workshop, we will discuss several issues, including: -The advantages and disadvantage of Wills and Living Trusts -How to plan before you need Long Term Care -How to protect your children’s inheritance from future ex-spouses, lawsuits and other claims Presented By: Law Firm of Albert Cohen, P.C. 104-70 Queens Blvd., Suite 312 Forest Hills, NY 11375 718-275-7779 www.cohenestateplanning.com
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