86 The Queens Courier • october 30, 2014 FOR BREAKING NEWS VISIT www.queenscourier.com SUPER DISCOUNT HEATING OIL Advertorial Legally Speaking By: Scott Baron, Attorney at Law OPEN AND OBVIOUS Q: One summer day, my daughter went to visit her friend. To get to the back of the house, my daughter needed to walk between the nearby children’s pool and the end of a toy. The children would jump onto this toy in order to slide into the pool. The toy was a long sheet of thin plastic, attached to a garden hose. As usual, water had been spraying onto the sliding surface, making it very slippery. By mistake, my daughter tripped and fell over this toy. Meanwhile, my son was going to visit his own friend, at the same house. Entering through the front, my son tripped and fell over a tan-colored bag of cement, covered in gray dust. It was being used to prop-open the door. The bag was placed on the floor, directly in front of the door. That floor was comprised of tan tiles. A: From what you say, the slippery sheet was an open and obvious condition that was not inherently dangerous. Apparently, there was enough space for your daughter to have avoided walking over the toy in order to reach the house. While landowners have a duty to maintain their property in a reasonably safe condition, a landowner has no duty to protect or warn against an open and obvious condition, unless it is inherently dangerous, which does not appear to be the case. So it seems that you have no lawsuit on account of your daughter. On the other hand, the bag does not appear to have presented an open and obvious hazard. Moreover, your attorney can well argue that it was inherently dangerous. The family should have protected and warned your son against the bag, and an action may be warranted on behalf of him. 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 Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 GET YOUR CAR READY FOR FALL WITH OUR FALL SPECIALS Premium #2 Fuel • Full Service • PROMPT DELIVERY • TUNE UP & EFFICIENCY TESTS C.O.D. $10 OFF with this ad 718 647-1271 WE WILL BEAT ANY CURRENTLY ADVERTISED PRICE Absolute Lowest Prices EMAIL: GOTOILNYC.COM LUBE, OIL & FILTER CHANGE SPECIAL $2195 Plus Inspection Of All Belts & Hoses (up to 5 qts oil) EARLY FALL SPECIAL CHANGE YOUR ANTIFREEZE TODAY! • Drain & Refill Coolant • Inspect All Belts & Hoses • Check all Filters • Pressure Test System for Leaks TRANSMISSION SPECIAL • Drain Fluid & Install New Filter • Replace Pan Gasket • Install New Fluid Expires 11/14/14 $3995 (MOST CARS) Expires 11/14/14 $5995 TIMING BELT SPECIAL Avoid a tow to the repair shop and costly engine damage. Replace your timing belt before it breaks! (Recommended for mileage over 60,000) (Most 4 cyl. cars; 6 cyl. additional) Expires 11/14/14 “We’re Always On TARGET” When It Comes To Automotive Repairs Guaranteed Specializing In Collision & Automotive Diagnostic Repair ASE & NYS Certified • Nationally Warranteed By Pronto WIPER BLADE SPECIAL $2095 PER PAIR • MOST CARS Expires 11/14/14 $18995 $17595 NOW Expires 11/14/14 WORK 10% Expires 11/14/14 ANY NON-ADVERTISED Not to be combined with any other offers. Expires 11/14/14 OFF *COUPONS MUST BE USED FOR ALL SPECIALS BRAKES (MOST CARS) $8995 PER AXLE Expires 11/14/14 FALL SPECIAL GET YOUR CAR READY FOR WEEKEND GETAWAYS - CHANGE ANTI-FREEZE - OIL CHANGE - ROTATE TIRES - CHANGE TRANSMISSION FLUID - INSPECT & ADJUST BRAKES - A/C CHECK OFFICIAL NYS INSPECTION STATION STRUTS (INSTALLED PER PAIR) $27595 MOST CARS Expires 11/14/14 $9500 SERPENTINE BELT SPECIAL REG $14500 FOR $9500 SAVE $50 Expires 11/14/14 39-20 192ND STREET, FLUSHING • 718-762-5155 • FAX: 718-762-3365
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