OCT 2018
(908) 293-7330 | www.pmblawfirm.com
Perspectives PMB
OF PERSONAL INJURY Myths and Realities
Recently, I met with a potential client about an accident she had in a supermarket. As she turned the corner to enter one of the aisles, she slipped and fell due to what she described as a puddle of liquid on the floor. She told me the liquid was clear, so she did not notice it before she fell. She didn’t see any wet floor signs in the area. After a store employee showed up to help her, it was discovered that the source of the liquid was a broken bottle that either someone had dropped or that had been knocked off of a shelf. After she shared her story with me, I told the client that her case would hinge on whether or not the store had been given notice of the wet floor or whether enough time had passed from the time the bottle fell and broke for someone to clean it up or put warning signs in the area. I explained to her that a court wouldn’t find it was reasonable to expect a store to have someone following each customer around to wipe up after them. You’ve probably seen headlines about huge verdicts against retail establishments. The McDonald’s spilled coffee incident is one most people talk about — a woman spilled hot McDonald’s coffee on herself after ordering it from the drive-thru window and sued the company for millions of dollars. Well, at least that’s the story we all heard. In reality, though, the incident didn’t leave her sitting quite as pretty as the story paints. Ultimately, the verdict she got was reduced, so she didn’t get as much as was initially
reported. And the suit wasn’t just an issue of inconvenience and taking advantage of a big corporation — the plaintiff was left with serious, documented injuries from the spill. Personal injury cases aren’t as cut and dry as the media might have you believe. The reality of personal injury law is that, to prevail in a case, you have to prove that someone else was liable for what happened to you, and you have to get a jury to agree. Another reality is that your case could last for several years, so if you plan to take it to court, you better be ready for the emotional investment. A common belief is that if you fall in a store, the store is automatically responsible for what’s happened to you. But the reality is the store is only responsible if they did something they shouldn’t have, or if they failed to do something they should have. For example, if someone slips on a grape in the supermarket, you’d assume that the store is responsible, but that may or may not be the case. The store has to have had enough time to notice the grape upon reasonable inspection. If at 9 a.m., a grape dropped on the floor, and at 9:03 a.m., a customer slipped on the grape, there’s not much of a case for the store being responsible — they didn’t really have enough time to notice the grape upon reasonable inspection. If the grape fell at 9 a.m. however, and someone slipped at 3 p.m. on that same grape, the tables turn, and it might be a strong case that the store is responsible. Surely you would expect the store to conduct an inspection of the produce department in those six hours.
CONTINUED ON PAGE 2 ...
1 (908) 293-7330
THREE CONVENIENT LOCATIONS: FLEMINGTON, PHILLIPSBURG, AND BRIDGEWATER
BEST IN SHOW OR HALLOWEEN HAZARD?
Costume Safety Tips for Kids
TEST MAKEUP FIRST. Halloween is a great time to have fun with face paint, and makeup is a good alternative to masks, which can obscure a child’s vision. However, a lot of costume makeup isn’t approved by the Food and Drug Administration. Before letting your child cover their face in makeup from the Halloween store, test their skin for allergic reactions by putting just a little bit on the back of their hand first. PRACTICE PROP SAFETY. What’s a Jedi Knight without her lightsaber or a wizard without his magic wand? The right accessories can really bring a costume together, but it’s important that props — especially weapon props, like swords, knives, or guns — are not mistaken for the real thing. Choose props that are obviously fake, with round edges made from soft, flexible material. And if your child wants to wear their Halloween costume to school or some other event, check the rules on props beforehand to avoid any trouble.
For many kids, picking out a costume is the best part of Halloween. Will they be a spooky witch, a wildcat, or their favorite superhero? There are so many options! But in all the fun, it can be easy for parents to overlook certain risks that Halloween costumes can pose. Here are important safety tips to remember when choosing the best Halloween costume. LOOK FOR FIRE-RESISTANT COSTUMES. Candles inside jack-o’-lanterns and other open flames are everywhere on Halloween night, so make sure your child’s costume isn’t a fire hazard. Most store-bought costumes are made from fire-resistant materials, but you should still check the labels on all costumes, wigs, and accessories. The same goes when you’re buying fabric for homemade costumes. And remember, fire-resistant is not the same as fireproof. While fire-resistant material takes longer to burn and can be put out quickly, it can still catch fire and cause serious injuries. Remind your child to use caution around open flames and avoid costumes with flimsy, hanging components, like flowing sleeves, long skirts, and capes. Rules are applied differently depending on your status with regard to the property. For example, a host in their private home has different liability to guests than the owner of a business has to its customers. If you’re a business, you’re encouraging people to come to your store so you can make money, and you owe them a certain duty of care, whereas if you come to my house for dinner, my only responsibility to you is that I don’t hide a dangerous condition or affirmatively do something to harm you. If there’s a hole in my yard and I cover it up with grass, it’s my responsibility to inform you about the hole. If there’s a big hole in my yard and it’s in plain sight, and you fall in it, a court of law would probably find that I’m not liable because the hole was visible. Personal injury cases can last a long time, sometimes 2–4 years from start to finish. At Pezzano Mickey & Bornstein, we give our clients an honest assessment of their case at the outset. If we don’t feel that you have a strong case, we’re not going to recommend that you spend several years of your life wrapped up in it. You can be sure that, once we accept your case, we will put all of our effort into achieving the best result possible. CONTINUED FROM COVER ...
Halloween is a night for ghosts and goblins to come out to play, and with these tips, your kids can safely dress up and join in the fun.
–Wendy Bornstein
www.pmblawfirm.com 2
THREE CONVENIENT LOCATIONS: FLEMINGTON, PHILLIPSBURG, AND BRIDGEWATER
GOING BEYOND ‘GET WELL SOON’
3 Meaningful Ways to Support Recovery
SUPPORT THEIR EMOTIONAL RECOVERY. People faced with injuries, disabilities, and illnesses can feel emotionally isolated from their friends and loved ones. They may feel that others won’t understand their pain or that they should put on a brave face and not complain. You can’t force your friend to talk about their issues, but simply being there to listen to what your friend is going through makes a world of difference. Having someone who is willing to listen without judgment can provide a salve for emotional hardship. SUPPORT THEIR RIGHTS. Sometimes an injury can leave your loved one tangled up in disputes with opportunistic insurance companies or individuals they feel are responsible for their injuries. While you may not be able to represent your friend’s legal interests in these situations, you can introduce them to someone who can. Referring your friend to a personal injury firm you trust can help them chart a path toward just compensation for their injuries.
If you’ve ever had a friend or loved one suffer a debilitating injury, you know how powerless you can feel to help. You want to make a difference, but in the face of severe medical challenges, it can be hard to know how. It’s important to remember that, while you may not be able to have a direct impact on your loved one’s physical recovery, there are concrete actions you can take to support them in ways doctors can’t. SUPPORT THEIR EVERYDAY LIFE. Traumatic injuries can make many aspects of day-to-day life difficult or impossible. Simply making dinner or taking their kids to school may now be herculean tasks for your loved one. Offering to be a volunteer driver or preparing a home-cooked meal can give that person a much- needed breather. Taking the time to help your friend with everyday tasks is more than just a practical gesture — it lets them know they don’t have to bear the burden of their injury alone.
TAKE A BREAK
Paleo Smoothie
PUMPKIN COCONUT
This meal-in-a-glass smoothie will cure your craving for a pumpkin spice latte. It’s packed with nutrients and fall flavor. If you’re the type of person who uses your blender more than your pots and pans, you’ll definitely want to add this recipe to your rotation.
INGREDIENTS
• •
1 frozen banana, sliced
• • •
1 cup coconut milk
1 cup ice
1/4 cup organic pumpkin purée
2 teaspoons pumpkin pie spice (or substitute with cinnamon and ginger)
DIRECTIONS
3. Transfer to a cold glass, garnish with pumpkin pie spice, and serve.
1. In a blender, combine all ingredients. 2. Blend on high or on smoothie setting until smooth.
Inspired by cookeatpaleo.com
3 (908) 293-7330
14 Commerce Street Flemington, NJ 08822 (908) 293-7330 www.pmblawfirm.com
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
INSIDE THIS ISSUE
1 2
Wendy Shares Facts and Fiction
What Parents Need to Know About Halloween Costumes Ways to Support a Recovering Loved One
3
Paleo Pumpkin Coconut Smoothie The Surprising Origins of Trick-or-Treating
4
Why There Are Kids on Your Porch Asking for Candy
The History of Trick-or-Treating
As Halloween looms and you load up your grocery cart with candy, you may ask yourself, “Why do I provide these spooky gremlins with a sugar high every Oct. 31, anyway?” Well, when your doorbell starts ringing around 6 p.m. this All Hallows’ Eve, you can thank the Celts for this tradition of candy and costumes. Halloween itself is a kind of mishmash of four different cultural festivals of old: two Roman fêtes, which commemorated the dead and the goddess of fruit and trees (not at the same time); the Celtic Samuin or Samhain, a new year’s party thrown at the end of our summer; and the Catholic All Saint’s Day, designed to replace Samuin and divorce it from its pagan origins. Long before there were young’uns on your porch dressed as Thanos with candy-filled pillowcases in hand, the Celts believed that Samuin marked an overlapping of the realms of the living and the dead. To trick the spirits
leaking into our world, young men donned flowing white costumes and black masks — a great disguise when ghosts were about. The Catholic Church was never a big fan of these pagan traditions, so they renamed it “All Saints’ Day” and gussied it up in religious garb. By the 11th century, people were dressing up as saints, angels, and the occasional demon instead of spirits. Eventually, costumed children started tearing through town begging
for food and money and singing a song or prayer in return — a practice called “souling.”
But when did they start dressing up as Minions? Starting in the 19th century, souling turned to “guising,” which gave way to trick-or- treating in mid-20th-century America, and the costumes diversified. So put on some clown makeup and a big smile, scoop up a handful of sweets, and scare the living daylights out of ‘em — ‘tis the season!
www.pmblawfirm.com 4
THREE CONVENIENT LOCATIONS: FLEMINGTON, PHILLIPSBURG, AND BRIDGEWATER
Page 1 Page 2 Page 3 Page 4Made with FlippingBook - professional solution for displaying marketing and sales documents online