FOR BREAKING NEWS VISIT WWW.QNS.COM JUNE 20, 2019 • THE QUEENS COURIER 35
(Bus. reg.) 189-06 Liberty Ave, Hollis, NY
(Hdqtrs.) 217-04 Northern Blvd, Suite 23, Bayside, NY
MELTING AND REFREEZING
Q: In my employer’s parking lot, as I was getting out of my car, I slipped on ice.
A: Quite possibly, your employer has a contract with a snow removal service.
The contract requires the service to perform snow plowing, snow removal and ice
Generally, a party to a contract is not liable to a non-party, like you.
However, the service may be said to have assumed a duty of care – and thus be
potentially liable in tort: (1) where the service, in failing to exercise reasonable care,
launched a force or instrument of harm; (2) where you detrimentally relied on the
continued performance of the service’s duties; or (3) where the service entirely has
displaced the owner’s duty safely to maintain the premises.
Suppose that the service had piled snow in an improper location or manner,
or should totally have taken it away. Then the snow melted from the snowbanks, and
this water ran onto the parking spaces. When the temperature went back below
freezing, the runoff froze, becoming the slippery ice that you fell on. If so, then your
case appears to be a strong one under the instrument-of-harm category.
When a defendant has actual knowledge of the tendency of a particular
dangerous condition to reoccur, it is charged with constructive notice of each specific
reoccurrence. Surely, the service had actual knowledge of this longstanding,
recurring, thaw-refreeze condition. Accordingly, the service may be charged with
constructive notice of each specific recurrence – with knowledge of the specific icy
condition that caused you to fall.
Look to us at a time when compassion and trust are needed the most.
Call 24 Hours a Day, 7 Days a Week 718-896-9000 or 1-888-860-8616
MEMORIAL CHAPELS INC.
Other Chapels Located in Rockville Center, Woodbury, Brooklyn, and
in Florida in Dade County, Broward County, Palm Beach Counties