FOR BREAKING NEWS VISIT www.couriersun.com JANUARY 15, 2015 • THE COURIER SUN 47 Legally Speaking By: Scott Baron, Attorney at Law CATCH FOOTBALL Q: One summer day, another kid and I went to the playground, just as we had many times in the past. We were throwing a football back-and-forth. Next to the playground was a concrete sidewalk. The edge of it was raised, cracked and uneven; it had been that way for years. While running, I tripped at this edge. Between two slabs, there was a gap of at least an inch. A: It sounds like you ought to have been well aware of the obvious risk of playing next to this sidewalk, and were also familiar with the risks inherent in the sport of football in general, such as the risk of falling while running to catch a ball. Under our law, there is no duty upon the city to post guards at the park to channel the forms of play. In a world of limited tax revenue, where conditions are less than ideal, a city are not forbidden from having a playground along a cracked sidewalk. The courts have reasoned that the alternatives are even worse. Like it or not, the legal thinking is that parents in the neighborhood are, or should be, well aware of the conditions under which their children play. If the parents permit the children to play there, then so be it. The city has not undertaken to keep the children safe; it has merely given them permission to use at the park as they find it, to play in it as they would play anywhere else by themselves. Unless your lawyer can uncover a detail you haven’t mentioned, the court is likely to rule that the risk was not such that the city can be held liable: it was a natural risk that was required to be borne by you. Advertorial 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 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Total average savings of Let me show you how combining home and auto policies can really add up. Like a good neighbor, State Farm is there.® CALL FOR A QUOTE 24/7 State Farm Mutual Automobile Insurance Company, State Farm Indemnity Company, State Farm Fire and Casualty Company, State Farm General Insurance Company, Bloomington, IL 0907501 Car + Home Savings Donald A Enga, Agent 216-18 Jamaica Ave 2nd Floor Queens Village, NY 11428 Bus: 718-468-6500 [email protected] $696* *Average annual household savings based on national 2009 survey of new policyholders who reported savings by switching to State Farm. JOB 019-AD QUEENS COURIER 8.75 X 5.6875 LIU POST’S CENTER FOR GIFTED YOUTH SUMMER 2015 PROGRAM July 6-30, 2015 • CELEBRATING 35 YEARS INQUIRE ABOUT TRANSPORTATION! Admission is highly selective and enrollment is limited. Are You the Parent of a Gifted Child? LIU Post’s Center for Gifted Youth announces its 35th annual Summer Program for gifted children. The four-week program runs from July 6-July 30, 2015 and is open to gifted children entering grades 2 in September 2015. The major focus of the program is to expand students’ knowledge and develop creative and critical thinking skills. The program offers children the opportunity to learn in an exciting and accepting environment. For information call 516-299-2160 or email [email protected] Now find us on Facebook Follow us on Twitter LIU Post College of Education, Information and Technology 720 Northern Blvd. Brookville, NY 11548-1300 Email: [email protected] liu.edu/post/giftedyouth Dr. Lynne Manouvrier, Director
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