FOR BREAKING NEWS VISIT WWW.QNS.COM APRIL 6, 2017 • THE QUEENS COURIER 19 WINTER SAVINGS 10% OFF ANY PURCHASE With Coupon. Not combinable – New Orders Only. Limit 1 per customer. $150.00 max for discount. Excludes Repairs, Refi nishing, Rewiring. Exp. 4/30/17 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 THE SHAFT Q: At a second-floor apartment, a group of us had been partying. In the wee hours of the morning, we climbed out a window and onto the roof. The roof ran the length of the rear of the building, and was five-feet wide. Part of it abutted a 25-foot-deep air shaft. I don’t think any of us saw this shaft; certainly no one understood its depth. I had never been to the building before this party. There was no railing, fence or parapet around the six-feet-by-eight mouth of the shaft. I landed at its bottom. A: The landlord may contend that the hazard could not reasonably be overlooked by anyone with open eyes and otherwise employing the reasonable use of his senses: that it was ‘open and obvious’. However, your attorney will marshal the evidence that nobody saw it and will argue that, even if the hazard technically was visible, it was likely to be overlooked – and, moreover, it was inherently dangerous. The landlord also is likely to argue that your act of climbing through the window and walking out onto the roof at night was ‘extraordinary’ – so unforeseeable as to be a ‘superseding’ cause of the accident. The landlord would be contending that your act of walking out onto the roof ‘severed’ the causal connection between his negligence and your accident. I bet your attorney can convince the jury to the contrary. Because the shaft was unguarded and a parapet or railing would have prevented this calamity, you appear to have a convincing case that the landlord is liable.
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