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FOR BREAKING NEWS VISIT www.couriersun.com april 18, 2013 • The Courier sun 51 Legally Speaking By: Scott Baron, Attorney at Law LOOKING AT THE BARTENDER Advertorial Q: While entering a second-floor banquet room, I fell on a five-inch step. I had been looking straight ahead, at the bartender. A: A condition that is visible to one reasonably using her senses is not inherently dangerous. However, a step may be dangerous where the conditions create optical confusion – the illusion of a flat surface, visually obscuring the step. If the concrete surface of a step and the area at the bottom of the step are similar shades of gray, and if a painted line marking the top edge of the transition step is very worn, and if there is no sign warning of the step, then the similarity in surface colors and failure to demarcate the edge of the step may well create the illusion ofa level surface. On the other hand, if reflective strips are set parallel to the step and to each other, evenly spaced, and graduated in size with the longest strip placed on the top edge of the step, and if the strips are bright and the lighting in the hallway and banquet room is ample, and if on the wall near the entrance to the banquet room and visible to anyone walking down the hallway there is placed a sign that reads ‘step down’ with an arrow pointing diagonally downward toward the step – yours is a losing case. Although there are laws that require a ramp and handrail for certain stairways and passages, it does not sound like they apply. Nevertheless, be sure to take all these facts to an attorney. 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 Our job is making sure no longer goes that waste to waste. Find out more at ThinkGreen.com Energy creation. Recycling programs. Closed-loop solutions. Those are just a few of the innovations we’re delivering for customers and communities alike. We live in a world where things can no longer go to waste. That’s why Waste Management is working to get the most from resources. It’s good for business and the environment. ©2012 Waste Management, Inc. SINAI MEMORIALS Incredible Support That Will Never Be Forgotten Sinai Memorials respects all Jewish traditions and customs, has a compassionate staff that is second to none, and has three generations of experience serving New York’s Jewish families. Memorials Sinai Memorials offers an in-house personalized monument selection and design service. We offer only top quality monuments at competitive prices. Our knowledgeble staff will guide you and take care of all of the details. Our Staff Rabbi is available for consultation. Please call us, visit our comfortable showroom, or visit our informative memorials website. w w w. S i n a i M e m o r i a l s . c o m Sinai Memorials 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.SinaiMemorials.com


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