FOR BREAKING NEWS VISIT www.qns.com january 14, 2016 • The Courier sun 33 Our Maine Lobster Fest $2195 1¼ lb. Maine Lobster of the Corn on the cob, baked potato, choice of soup or salad (Manhattan or New England Clam Chowder) Enjoy our 2015 THE QUEENS st Place QueensCourier.com FULL COURSE DINNERS INCLUDES: Cup of Soup, Entree, Potato and Vegetable or Pasta, Dessert & Coffee, Tea or Soda $2295 Served 4 p.m. - 10 p.m. Mon-Fri, except holidays TRY OUR NEW LATINO SPECIALS ARROZ CON POLLO Sautéed chicken in sofrito and fresh herbs, chorizo, Spanish olives served with a caldera of saffron rice with tostones and soup or salad CHURRASCO GAUCHITO New York sirloin grilled with garlic and fresh herbs accompanied with chimichurri Sauce served with rice, mix beans, tostones and soup or salad POLLO GIARDINO Sautéed chicken breast in garlic with broccoli and light tomato sauce over penne pasta PERNIL ASADO Tender roast baby pork with Spanish rice, mixed beans & Maduros, spicy green or red sauce served with vegetables and salad 80-26 Queens Blvd. Elmhurst, NY 11373 (corner of 51st Ave) 718-426-2229 Fax: 718-426-3535 PLENTY OF FREE PARKING HEATING OIL SAVE NOW • Oil prices at near 5-year lows* • Ultra Low Sulfur Bioheat/Fuel • 24/7 service and support in any weather Call for special offers! 877.226.1534 Oil | Heating | Cooling | Duct Cleaning petro.com petro mobile connect on *Oil prices as of August 2015. Additional terms and conditions may apply. NYC Lic. No. 1314079. ©2015 Petro. P_15563 Legally Speaking By: Scott Baron, Attorney at Law MY LAST DIVE Advertorial Q: A wooden jetty extends into the ocean, perpendicular to the waterline. Many times, we jumped and dove in all directions. After a while, the lifeguard approached and told us to get off the jetty. “One more dive,” I cried. “Leave,” he insisted. “No,” I replied. Eventually, the lifeguard allowed me to make one last dive. I went out to the bulkhead at the ocean end and waited for an oncoming wave. With a shallow-water racing dive, I dove seaward toward the wave. Entering the water, I hit something hard. A: In the operation of recreational areas, a municipality has no duty to supervise users against the dangers inherent in the sport insofar as they are obvious and necessary. Even when a lifeguard tolerates swimming in a location where the municipality has banned it, the swimmer generally continues to assume the obvious and necessary risks. Seemingly, the risk was normal to ocean diving and obvious. The lifeguard had tried hard enough to get you to stop the diving. The municipality was required to do no more. The lifeguard made no representation that diving was safe. While his decision to permit you one last dive was inconsistent with his previous message, this inconsistency did not revoke the prior admonition. No reasonable person in your position would have relied on the guard’s giving-in has a representation that the diving was safe. From another angle, the lifeguard’s caving-in did not give rise to a justifiable reliance. You were in no worse position once the lifeguard acquiesced in your dive than if the lifeguard had never been there. From what you have told me, his failure to keep insisting was not a breach of duty, proximately causing your injuries. 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
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