FOR BREAKING NEWS VISIT WWW.QNS.COM DECEMBER 12, 2019 • QUEENS BUSINESS • THE QUEENS COURIER 41
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Our Holiday Goal:10,000 Acts of Kindness!
Please join us in saving the lives of innocent animals.
During this “giving” time of year, please
open up your heart and help North Shore
Animal League America rescue more
homeless animals in desperate need. We
are the world’s largest no-kill rescue and
adoption organization and have saved the
lives of over 1 million dogs, cats, puppies
and kittens at risk of euthanasia. Through
our many innovative programs, we reach
across the country to rescue animals
from overcrowded shelters, unwanted
litters, puppy mills, natural disasters,
and other emergencies and find them
responsible, loving homes. Each year,
Animal League America’s efforts result in
more than 18,000 cats, dogs, kittens, and
puppies being adopted into loving homes
from our Port Washington, NY campus.
As a leader in the no-kill movement,
we are dedicated to promoting shelter
pet adoptions; encouraging spay/neuter
programs; reducing animal cruelty;
ending euthanasia; and advancing the
highest standards in animal welfare. Our
Pet Health Centers – comprising the Alex
Lewyt Veterinary Medical Center, the
Don and Karen LaRocca Pet Wellness
Center, and the Freed Special Recovery
Center – address all aspects of pet health,
from prevention to treatment.
Staffed by skilled and compassionate
veterinary professionals, these facilities
provide high quality, affordable care for
animals in need. The Lewyt Medical
Center, accredited by the prestigious
American Animal Hospital Association
(AAHA), provides comprehensive
medical, diagnostic, surgical, and dental
services. The LaRocca Wellness Center
offers a full range of preventive care,
including physical and aquatic therapy,
acupuncture, and nutritional counseling.
Open to all pets, the Centers support
our no-kill mission to Rescue, Nurture,
Adopt, and Educate.
Please join us in saving the lives of
innocent animals by donating to support
our lifesaving mission.
Donate at www.animalleague.org/
DANGER INVITES RESCUE
Q: My 19-year old son Eddy was visiting his friend Freddy. In order to build a campfire in the
backyard, the boys and their friend Teddy decided to move a piece of cement. It was 36 inches in diameter and
3 inches thick, weighed 150 pounds, was partly above the ground, and turns out to have been a cesspool cover.
One side of the cover was higher than the other. This made it possible for Freddy to get his fingers underneath
and lift the side up to his knees. When Teddy attempted to help Freddy, Teddy fell into the cesspool and then
appeared to fall asleep.
A: A landowner has a duty to maintain his or her premises in a reasonably safe manner. In order for
a landowner to be liable in tort to a plaintiff who is injured as a result of a defective condition upon property,
it must be established that the landowner affirmatively created the condition or had actual or constructive
notice of its existence. Your attorney will argue that the cesspool cover was in a defective condition because the
cesspool company had improperly replaced it after servicing the cesspool: there was soil between the cover and
the cesspool, so that (a) the cover did not rest firmly on the cesspool and (b) Freddy was able to get his fingers
underneath the cover and lift it. By improperly replacing the cement cover, the cesspool company had
launched a force of harm.
The homeowner and the cesspool company may argue that your son’s actions were a
‘superseding cause’ which interrupted the link between their negligence and his injuries. Your attorney will
respond that Eddy’s decision to jump into the cesspool in an attempt to save his friend should not act as a bar
to recovery. Danger invites rescue: the wrong that imperiled Teddy’s life was also a wrong to Eddy. Eddy’s
actions were reasonable in view of the emergency situation: he acted as a reasonably prudent person would act
in the same situation – even if, sadly, it appears in hindsight that Eddy did not make the safest choice or
exercise the best judgment.