28 The Queens Courier • april 30, 2015 FOR BREAKING NEWS VISIT www.queenscourier.com Everything you need to be cool this summer. SPECIAL LIMITED TIME OFFER EXPIRES 6/30/15 Install an energy-effi cient ductless cooling system in your home for as low as $88/month* No ductwork required Cost-effective Energy-effi cient Programmable remote Service & installation of all major brands! Call today! 877.226.1534 petro.com petro mobile All images used are for illustrative purposes only. *Based on fi nancing a $8,000 installation and 9.99% interest rate up to 132 months. Subject to credit approval by Synchrony Bank and applies to qualifi ed systems only. Limited time offer, expires 6/30/15, equipment must be installed by 7/15/15. Call your local representative for complete terms and conditions. Must present ad at time of quote; cannot be combined with any other offer. Additional terms and conditions may apply. NYC Lic. No. 1314079. ©2015 Petro. P_15159 Legally Speaking By: Scott Baron, Attorney at Law Advertorial A WILD GOOSE CHASE Q: My mother fell down the basement stairs on premises owned by my boyfriend’s sister, who had permitted him to stay in her apartment while she was on vacation. He invited me to join him, and I came with my mother, who suffers from dementia. After my mother had eaten breakfast, she rose, and I saw her take two or three steps. The next thing I knew, my mother had slipped and fallen down the basement stairs, which are around the corner fifteen feet away. I had not noticed that something was slippery and do not know what, if anything, my mother slipped on. A: An owner of property has a duty to maintain her premises so that they are reasonably safe. This duty extends to any hazardous condition about which the owner has actual or constructive notice. Except where the owner created the defective condition, it is necessary to establish that the condition either was known to the owner or had existed for a period of time sufficient to have allowed the owner to discover and correct it. Even if any floor is inherently slippery, for a person in your mother’s state of health, that alone is not sufficient to support a cause of action for negligence. It is fatal to the suit that there simply is no evidence that a defect caused this fall. At best, your attorney may be able to find evidence of some prior injury or complaint about the floor, in order to support an inference that the very same hazardous condition still suggested. However, to look for such proof is most likely a wild goose chase, and moreover the courts generally disallow that kind of inference as speculation. 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 Honoring Your Loved Ones Guiding Your Family With Compassion Sinai Chapels respects all Jewish traditions and customs, has a compassionate staff that is second to none, and has three generations of experience serving New York’s Jewish families. Funeral Directors & Planners • Dignified and comfortable chapel, located in Fresh Meadows, Queens • Funeral services at locations throughout the New York Metro area • Costs are reasonable and all family budgets are accommodated • Ceremonially correct services for all Jewish religious movements • DVD and real-time webcast of chapel services, at no additional cost • Our staff Rabbi is available to answer your questions • Experts to guide monument selection • FDIC insured pre-planning 162-05 Horace Harding Expressway | Fresh Meadows, NY 11365 718.445.0300 | 800.446.0406 www.JewishFunerals.com We are here 24 hours to serve your family.
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