FOR BREAKING NEWS VISIT www.couriersun.com march 21, 2013 • The Courier sun 35 Legally Speaking By: Scott Baron, Attorney at Law THE LIGHTING IN A THEATRE Advertorial Q: A puppet show at the theatre – that’s where I took my pre-kindergarteners. As I put-out my foot to go down a step, the house lights went off without warning, and I fell. Someone must have given a premature cue to turn off the lights – while people were still being seated. I injured my left ankle and feel the owner caused my injuries by suddenly turning off the lights. A: A landowner has a duty to maintain its property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk. Landowners and tenants who operate places of public assembly, such as theatres, are charged with the duty of providing the public with a reasonably safe premises, including a safe means of ingress and egress. There is no rule of thumb that a theatre must flash or dim its lights before they go off, or that house lights may not be turned off until everyone is seated. So long as there are strips of lights on the stairs, and those lights go on when the house lights are turned off, the theatre has a good shot at establishing that it provides the public with a reasonably safe premises insofar as its lighting is concerned. Every theatre-goer expects that the lights will be turned off before the show begins. You will need positive evidence that the lights were turned off in a negligent fashion. Otherwise, you will not be able to make your case that an act or omission on the part of the theatre proximately caused 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 © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 VALLO TRANSPORTATION, ltd. SCHOOL BUS CHARTERS Recipient of the N.Y.S. School Bus Contractors Association’s “Contractor of the Year” Award Safe, Prompt, Professional, Courteous and AFFORDABLE Service Call Now! 1-800-VALLO-99 THE SAFEST WAY TO TRAVEL Service to Bronx High School of Science & High School of American Studies at Lehman Students Incredible Support That Will Never Be Forgotten Sinai Chapels respects all Jewish traditions and customs, has a compassionate staff that is second to none, and has three generations of experience ser ving New York’s Jewish families. Preplanning Sinai Preplanning protects your family from unexpected expenses and making complex choices at a most difficult time. Your wishes are reflected in a unique and personal service. Costs are reasonable, all budgets are accommodated, and your investment is FDIC insured. Our staff Rabbi is available to answer your questions. For a no obligation consultation at our office or in your home, please call us. Sinai Chapels 162-05 Horace Harding Expressway, Fresh Meadows, NY 11365 718.445.0300 or 800.446.0406 We are here 24 hours, to serve your family. We offer FDIC insured pre-planning. www.JewishFunerals.com (718) 961-7600 V A L L O T R A N S P O R T A T I O N L T D . “Just the best little bus company in the City of New York”
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