68 The Queens Courier • REAL ESTATE • JULY 28, 2016 FOR BREAKING NEWS VISIT www.qns.com Swan Lake, NY PRESIDENTIAL ESTATES... Country Club lifestyle Homes featuring: • Heated Swimming pool • Whirlpool • Gym • Tennis Courts • Handball • Private Lake • Top Notch Entertainment • Contemporary ranch style homes featuring 2 bedrooms, den, open concept design, wrap around decks, skylights, full basements and more... Call me today for availability: Valued Properties Miriam Ehrenberg —NY Lic Salesperson (917) 575-7449 • (845) 794-3925 Legally Speaking By: Scott Baron, Attorney at Law THE TREADMILL Advertorial Q: Four times a week, if not more, I would exercise at the club. Every time, I would use a treadmill. One day, I had been standing in line beside a treadmill for almost two minutes, talking with another patron. Finally, I got my turn. The treadmill had not been turned off. Stepping on, I lost my balance and fell. A: The club’s attorney will argue that you assumed – voluntarily took on – the risk that was inherent in using this running treadmill. You would have a very uphill battle to try to show that the club created or had notice of a dangerous condition. Although it would help your case if other health clubs have treadmills that automatically turn off, when the previous patron steps off, I have never heard that they do. The doctrine of primary assumption of risk provides that a voluntary participant in a sporting or recreational activity consents to those commonly appreciated risks that are inherent in and arise out of the nature of the sport generally and flow from such participation. It seems that the risks of using this treadmill were obvious and apparent. You consented to them. By making the conditions as safe as they appeared to be, the club had discharged its duty of care. Unless there is something you have not told me, you are likely to be barred from recovery – because of the doctrine of primary assumption of risk. But see an attorney, to be sure. 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 © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 EARN EXTRA INCOME The Queens Courier is looking for experienced Telemarketers to work in our Bayside Office. MORNING & AFTERNOON SHIFTS ARE NOW AVAILABLE. SALARY + COMMISSION CALL FOR INTERVIEW 718-224-5863 ext. 228 U.S.is phasing refrigerant Replacing 12 more not equipment 92 NORTHERN BLVD. GREAT NECK www.systematiccontrol.com 516-482-1375
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