FOR BREAKING NEWS VISIT WWW.QNS.COM JANUARY 2, 2020 • 2020 PREVIEW • THE QUEENS COURIER 19
Furniture For Sale
storage bed , both sides storage with
head board and night table (beauty
rest mattress included) it was in the
guest room and rarely used.
KIM'S HAIR VILLAGE
GRAND OPENING SPECIAL
JAPANESE STRAIGHT PERM $99.00 (Mid-Length Hair)
KERATIN $99.00 (Mid-Length Hair)
Open 7 Days Free Parking
20-10 College Point Boulevard
1st Floor, College Point, NY 11356
O N T H E L A T E S T E P I S O D E :
Dimple Willabus talks about her journey to become C.E.O. of Rhythm
Nation Entertainment and her upcoming run for city council.
F E A T U R I N G :
C.E.O. of Rhythm Nation
Tune in on podcasts.schnepsmedia.com and wherever podcasts are available.
Q: I was a cleaner employed by a janitorial service. At a public high school, in the auditorium, I was
walking to the rear of the stage in order to turn on the lights. At the top of a set of stairs leading to the stage, I
felt something flying away, right under my feet, and slipped and fell. The thing turned out to be a loose wooden
board that had been left on the stage floor. Because of the dim lighting condition in the auditorium, I had not
seen this board.
A: There is a well-settled rule that a defendant is under no duty to protect a worker against risks
arising from, or intimately connected with, defects that the worker is engaged in repairing or eliminating. If
the worker was specifically hired to remedy the dangerous condition, he cannot later sue because it was
dangerous. Such workers can include: one who is engaged in repairing broken windows, one of which gives
way; and a worker who is engaged in repairing an electrical system, but is burned by the power.
The school may argue that, as a cleaner, you were engaged in cleaning the floor of loose wooden
boards, in clearing away the very debris that proved to be your undoing. Accordingly, would say the school, it
owed you no duty to keep the floor clean of such boards – because the school cannot be expected to provide you
with a workplace that is safe from the very defect that you were supposed to be eliminating. Your attorney will
respond that this is balderdash: you were just going to turn on the lights, and any duty to clean visible debris
off the floor had not yet arisen.
There is another well-settled rule: that, in a slip-and-fall case, the victim’s inability to identify the
cause of the fall is fatal to the action because a finding that the defendant’s negligence, if any, proximately
caused the accident would be based on speculation, upon sheer conjecture. The school may argue that you are
unable to ‘identify the cause of the fall’ – because you did not see the board until after you fell. This too is
nonsense: successful plaintiffs often do not know what has caused them to fall until seconds later.
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