FOR BREAKING NEWS VISIT www.queenscourier.com october 24, 2013 • The Queens Courier 47 Advertorial Legally Speaking By: Scott Baron, Attorney at Law FALSE POSITIVE Q: As a condition of my probation sentence, I was required to submit to periodic drug testing. One day, the probation officer took an oral fluid sample and sent it to the lab – to determine whether my saliva contained illicit or controlled substances. In an erroneous written report, the lab informed the probation department that indeed my sample tested positive for marijuana. As a result, I was compelled to make multiple court appearances, and my probationary sentence was extended for many months. A: In the past, defendants such as the lab have contended that their only relationship was with the probation department – not with you. They have objected that, if the law would imposed a duty of due care running directly to you – a mere third party – this duty would be owed to an untold number of people and result in a crushing burden of limitless liability. In fact, the prospect of limitless liability is extremely small. The duty to do this testing and reporting with due care relates only to a narrow class of specific, readily identifiable individuals whose samples are accepted and tested. A falsely positive test may result in the loss of current employment, the forfeiture of retirement benefits and the elimination of prospective employment opportunities. It may bear heavily on child custody decisions. The erroneous test may have farreaching, permanent, and devastating effects on a person’s livelihood, family life and liberty. Yes, a drug testing laboratory may certainly be held liable in tort to the subject of a drug test for failing to use reasonable care under the circumstances, notwithstanding the absence of a formal contractual relationship between the drug testing laboratory and the subject of the drug test. 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 © 2013 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 AT $29 AMAZING SAVINGS The Fine Print Expires 180 days after purchase. Limit 1 per person, may buy 1 additional as a gift. Limit 1 per visit. Appointment required. Valid only for complete pair of glasses or prescription sunglasses. Not valid with insurance or unions. Not valid for sale items. Extra $45 fee for contact lens exam. Must use promotional value in 1 visit. Parents Committee, Inc. NOTES Join us for The 33rd Annual APC Adoption Conference St. Francis College Brooklyn, NY November 24th, 2013 Sponsored by the Adoptive Parents Committee, Inc. Save the date and Check website for upcoming details www.adoptiveparents.org email: Sam Pitkowsky [email protected] Adoptive Parents Committee, Inc. Fall Savings For $200 worth of Prescription Lenses and Eye Exam ($235 Value) * Prescription lenses for eyeglasses or sunglasses, and frames by Fendi, Marc Jacobs, and other designers *SPECIAL MUST BE PURCHASED PRIOR TO APPOINTMENT, CAN BE PURCHASED BY CALLING US DIRECTLY OR VISITING GROUPON UNDER HEALTH VISION AND PURCHASE DEAL ONLINE PRIOR TO APPOINTMENT. www.eyesupplyofbayside.com 2 PAIRS OF GLASSES NO-LINE BIFOCALS Progressive Lenses w/Metal Frames OF BAYSIDE VARILUX Progressive Lenses (No-Line Bifocals) w/Metal Frames WE ARE A GVS PROVIDER $100 OFF A Complete Pair of Glasses & a Spare Pair for $9999 $9999 $16999 exam exam not incl’d FREE not incl’d exam not incl’d Se Habla with coupon*. expires 10/31/13. with coupon*. expires 10/31/13. with coupon*. expires 10/31/13. with coupon*. expires 10/31/13. Español *Some Restrictions Apply. May not be combined with any other Offers, Promotions, Specials, Union or Insurance Plans. Coupon must be presented at time of sale. Thanks. Accepting Most Insurance Plans Doctor In: Mon., Wed., Fri., 10-5:30, 39-25 Bell Blvd., Bayside • 718.279.2020 Tues. & Thurs. 11-7:30, Sat 10-4:30
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