14 The Courier sun • october 13, 2016 FOR BREAKING NEWS VISIT www.qns.com Advertorial Legally Speaking By: Scott Baron, Attorney at Law DAUGHTER-IN-LAW Q: One hot summer day, a police officer crossed a line with my son, at their home, and then crossed it with herself. Over the years, I had made many complaints to the City about my daughter-in-law’s abusive conduct. If only they had fired her, or at least taken away her firearm. A: Under the theory of negligent hiring and retention, an employer may be liable for the acts of an employee even when she acts outside the scope of her employment. The court must determine whether your son was a foreseeable victim – whether he was within the zone of danger created by the City’s acts or omissions. Your case is that the City should have become aware that your daughter-in-law possessed violent propensities, but failed to take further action. This negligent retention or supervision resulted in her possessing a dangerous weapon, and your daughter-in-law was likely to use the weapon in a manner involving unreasonable risk of physical harm to her husband. The City had a duty not to entrust a gun to a dangerous or incompetent police officer. If it did, it had a duty to abate the risk. The City is liable for placing and keeping your daughter-in-law in a position where she could harm others, even off-duty. If the facts are only as you state, by training and arming your daughter-in-law, and by allowing her to retain her weapon, the City both created the danger and kept your son in a state of vulnerability. 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 © 2014 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 Great Rate and a Bonus on Each 1-Year Anniversary -- with Your Choice of Passbook or Statement Savings! PLUS 0.25% On each 1-year anniversary of account opening BONUS Savings Account Visit our new Queens branch at 78-01 37th Avenue, Jackson Heights for special offers available only at this location! Established 1863 · Member FDIC www.applebank.com 78-01 37th Avenue, Jackson Heights, 718-779-0002 91-31 Queens Boulevard, Elmhurst, 718-458-2120 102-35 Queens Boulevard, Forest Hills, 718-997-2020 116-12 Queens Boulevard, Forest Hills (Kew Gardens), 718-575-2841 43-73 Kissena Boulevard, Flushing, 718-321-2200 168-42 Hillside Avenue, Jamaica, 718-739-2880 BONUS** 0.75% APY* $25,000 minimum to earn stated rate *For the Apple Bank BONUS Savings account, interest earned on daily balances of $2,500 or more at these tiers: $2,500-$24,999: .10% Annual Percentage Yield (APY), $25,000 and up: .75% APY. There is no interest paid on balances of $0-$2,499. APYs disclosed effective as of September 9, 2016. APYs may be changed at any time at the Bank’s discretion. There is a minimum of $2,500 required to open the Apple Bank BONUS Savings account. $2,500 minimum daily balance is required to avoid $10 monthly maintenance fee. Fees may reduce earnings. Funds used to open this account cannot be from an existing Apple Bank account. Maximum deposit amount is $3,000,000 per household. **Special bonus feature: A .25% simple interest rate bonus will be paid on each anniversary date of account opening on the lowest balance for that year (anniversary date to anniversary date). No bonus is paid if the account balance is less than $2,500 on the anniversary date. Additional deposits during a given anniversary period do not affect the bonus interest payment. Deposits made to the account on any anniversary date will be used to calculate the lowest account balance for the next anniversary period. The bonus interest is calculated on the lowest balance on deposit from one anniversary date to the next anniversary date. Simple interest rate bonus is subject to change at any time after first anniversary date of account opening. Hypothetical example of how bonus works: Assume an account is opened on January 12, 2016 for $50,000. A $10,000 withdrawal is made on July 12, 2016. No other withdrawals are made prior to the January 12, 2017 anniversary date. The low balance is now $40,000, so $100 in bonus interest will be paid on January 12, 2017.
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