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LEGAL BRIEF
APRIL 2022 FriedmanSimon.com 516-800-8000
CAN STRESS HELP INSTEAD OF HURT?
A TRIBUTE TO STRESS AWARENESS MONTH
Hello, dear reader. April is Stress Awareness Month. When this came to my attention, I was reminded of the old line about the fish that asks, “What is this thing you call water?” Stress, like water to the fish, can seem like it is everywhere, all at the same time, influencing every aspect of our lives. Yet, exactly because of its ubiquitous nature, we can become unaware of the profound effects it has upon us. Hopefully, during this month of awareness, we can tune in to our experience of stress and learn about the healthiest ways to live with it. “What is most important is how we interpret the stress, our mindset or attitude about it. … [As] Marcus Aurelius famously wrote, ‘The impediment to action advances action. What stands in the way becomes the way.’” I grew up with stories of my parents’ experience during and following World War II as well as the experiences of their contemporaries — “the greatest generation” — who lived through the Great Depression and World War II. Those stories can make you imagine the unimaginable. I became absolutely fascinated (even to this very day) by the qualities of character and personality that make a person resilient in the face of stress. As I wrote in an earlier edition of this newsletter, the Japanese saying, “Seven times down, eight times up,” captures the essence of the spirit I am convinced is best
calculated to help us through challenging and stressful times and to advance us toward our goals in life. I confess, when I see or even just think about the end of the movie, “Rudy,” the story of Daniel “Rudy” Ruettiger who dreamed of playing football for Notre Dame despite seemingly insurmountable obstacles, I feel a tear come to my eye. Rudy had relentless determination and resilience in the face of setbacks that might make someone lose hope and quit, but those are important parts of dealing with stress. Conventional wisdom about how best to manage stress includes suggestions that are almost cliché: Exercise, follow a healthy diet, make getting enough quality sleep a priority, meditate, engage in activities that are fun, and so on. While such healthy lifestyle suggestions are indeed very important, I think what is most important is how we interpret the stress, our mindset or attitude about it. In describing his philosophy, Marcus Aurelius famously wrote, “The impediment to action advances action. What stands in the way becomes the way.” After more than 30 years of working with our seriously and catastrophically injured clients, it has been my observation that those with the greatest stress-hardiness have been those people who adopt the mindset Marcus Aurelius described. They see the hardship not as something that will stop them from moving forward, but as part of their new way forward.
It has been noted that stress, broadly speaking, comes in two forms: distress and eustress. Chronic distress can be harmful. Eustress is necessary for growth, development, and progress. While we cannot control the circumstances we are presented with in life, we can choose our attitude in how we perceive the circumstance. We may also have choices about the action steps we take. Frequently, one of the most powerful choices one can make is choosing to reach out for the best help and support we can find. We are honored to provide that help and to be that support network to our clients. As we enter this beautiful season of spring, I hope that whatever stress you are faced with — rather than experiencing it as an
impediment to your progress — you will
experience it as advancing your way forward.
–Eddie Friedman
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One Snowstorm, Two Very Different Case Results A Tale of Two Cities —
As in other parts of the country, when we on Long Island and the New York metropolitan area have a major snowstorm, as we did this past January, the newscasters will typically repeat the warning, “Don’t go outside unless you must,” over and over. However, there does come a point, after the snow has stopped falling, when we must venture outdoors and expose ourselves to the increased safety risks that winter can bring. In winter, driving can be dangerous, but so can simply walking across privately owned parking lots and walkways — especially if property owners have not exercised the appropriate level of care in removing the snow and ice and treating the ground with either special snow melting chemicals, salt, or sand. After such winter storm events, our law firm tends to get an increased number of calls from people who have fallen on a dangerously slippery sidewalk and been hurt as a result. Often, callers will think that either the municipality or the adjoining property owner is “automatically” liable because they fell at that location. As with so many aspects of personal injury law, details matter greatly. Similar case presentations can have dramatically different outcomes when certain key facts vary. For example, in most jurisdictions, the sidewalk in front of a property is owned by the municipality, not the adjoining property owner. While the adjoining property owner may have a duty to clear the sidewalk of ice and snow — typically after a reasonable period has passed since the snow stopped falling — the penalty for failure to do so may be limited to a fine. In such locations, the adjoining property owner would not have liability if a pedestrian slipped and fell and suffered an injury on the uncleared slippery sidewalk. (An exception: The adjoining property owner may be liable if they took some affirmative act that made the sidewalk more hazardous. For example, clearing a few inches
of snow that provided good walking traction, exposing a base of dangerously slippery ice and leaving that ice untreated.)
Does this leave the injured person without legal recourse? Not strictly speaking, but sometimes, yes. In these places where the property owner’s exposure is limited to a fine, usually the municipality may have the legal responsibility for keeping the sidewalks in a safe condition. However, a liability claim against the municipality after a person slips and falls on an icy sidewalk will usually have one very significant legal obstacle to clear: The injured claimant will often be required to establish that the municipality had prior written notice of the dangerous condition. While this might exist in a case where, for example, a tree root has, over time, broken a sidewalk and made it hazardous for pedestrian traffic, such prior written notice will almost never exist when the dangerous condition is a sidewalk that is dangerously slippery because of snow or ice. Sadly, a person who slips and falls and is injured in such a location may ultimately have no legal recourse against either the adjoining property owner or the municipality. However, some cities and towns in New York state (for example, the Town of Oyster Bay and the City of Long Beach on Long Island) have specific ordinances that do shift potential liability for failing to keep the sidewalk in a safe condition to the adjoining property owner, without the legal necessity of prior written notice. A person who slips and falls and is injured in these locations may have a very strong case. These differences reinforce the importance of reaching out for a compassionate and comprehensive, free, no-obligation case review with one of our experienced personal injury lawyers after an accident causes an injury. Please allow a simple phone call to our firm to empower you.
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basics aren’t complicated. Biking helps young children get outside and gives them a taste of being a “big kid.” As a result, it’s excellent for their self-esteem as well as their fitness. Cycling is also perfect for adults who are new to exercise or need a low-impact activity. A short ride on a flat surface will get the heart rate up without feeling too strenuous, making it optimal for beginners. Older adults and people with knee problems also use biking as an alternative to other forms of exercise because it’s easier on their joints. Meanwhile, those looking for a challenge can easily find one. If you want a strenuous workout, it’s easy to ride farther, increase the resistance on your bike, or pick a steeper bike trail to explore. Biking is only a cakewalk if you choose to make it one. Since it’s perfect for all ages, cycling is the ideal outdoor activity to do with your family, allowing everyone to be involved in quality time together while promoting their health. To get started, make sure everyone has a bike they can use comfortably and a helmet that fits, plus understands bike safety. Once the basics are taken care of, you’re ready to hit the trails or explore the neighborhood. Even if you never learned how to ride, there’s no time like the present. You might feel a little silly at first, but the benefits of cycling will serve you — and your family — well for the rest of your life.
Just Like Riding a Bike CYCLING IS THE PERFECT ACTIVITY FOR ALL AGES
You likely learned how to ride a bike as a kid — according to a 2013 survey, about 94% of American adults did. Even if it has been a while since your last ride, most people agree you never forget how, and you don’t have to be in great shape to get started. Outside of walking, biking might be the most accessible exercise for all ages and ability levels.
The beauty of biking is that it can be as relaxing or challenging as you want. The average kid learns to ride at around 5 years old, so the
SUDOKU
One-Pan Chicken Tacos Inspired by TasteOfHome.com This recipe from TikTok user @violet.cooks almost broke the internet — and you’ll see why! The fried tortillas make it out-of-this-world delicious.
Ingredients
• 1 lb chicken breasts, sliced into 1-inch pieces • 2 tbsp garlic powder • 2 tbsp cumin • 2 tbsp chipotle powder
• Canola oil (for frying) • Corn tortillas • Grated cheddar cheese • Pico de gallo and guacamole salsa (to taste)
Directions
1. In a mixing bowl, combine the chicken pieces, garlic powder, cumin, and chipotle powder. Mix until the chicken is coated. 2. In a frying pan, heat the oil. When the oil is hot, add the chicken mixture. Cook on medium heat for 5–8 minutes. 3. Remove the chicken from the pan, and add the corn tortillas (avoid overlapping) so they soak up the juices. Flip the tortillas and repeat. Then, add chicken and grated cheddar to each tortilla and fold it over the filling — in the pan. 4. Cook the tacos for 3 minutes per side until the tortillas are crispy and the cheese is melted. 5. Top with pico and guacamole salsa, and serve!
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INSIDE THIS ISSUE
1 2 3
When Stress Helps Instead of Hurts
One Snowstorm, Two Different Case Results
Get Outdoors With the Family Through Cycling One-Pan Chicken Tacos
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A Heroic Dog Saves Her Owner
SHE SAVED HER HUMAN! MEET TINSLEY, A CAR CRASH SURVIVOR
On Jan. 3, 2022, New Hampshire State Police responded to a call about a lone dog wandering around on the interstate near Veterans Memorial Bridge. When they got there, the pup — a Shiloh shepherd named Tinsley — led the officers on what seemed to be a wild goose chase.
“This was almost like a real-life Lassie situation,” one lieutenant told CNN. “It’s really quite remarkable. This dog definitely saved their lives. I don’t think they would have survived the night given the temperatures.”
Tinsley is a real hero on four legs, just like Lassie, a fictional pup who saved two little boys from dying of hypothermia in the snow. Fortunately, Tinsley’s grateful owner, Cam, made a full recovery. He also knows just how special his pup is. “She gets spoiled all the time,” he told the WPTZ news station. “She’ll get some venison, probably [a] burger tonight, and probably some back scratches with it.”
“When Trooper Sandberg and the Lebanon police officers attempted to get close to the canine, it continued to run northbound on Interstate 89, crossing into Vermont,” the police department wrote in a Facebook post. “A short time later, Trooper Sandberg and the Lebanon police officers located a damaged section of guardrail near the Interstate 91 and Interstate 89 junction.”
It turns out Tinsley had a destination in mind: an upside-down pickup truck that had crashed through that very guardrail.
Tinsley is not the only dog who has saved a human from the cold. In the winter of 2017, a rescue pooch named Peanut saved the life of a 3-year-old girl in Michigan who had wandered away from home, and a golden retriever named Kelsey saved her owner after he slipped in the snow and broke his neck. She kept him warm for 19 hours and barked until help came. To read the full story of Tinsley’s roadside rescue, visit CNN.com and search “real-life Lassie.”
The truck had rolled off the highway, and the people who were inside — including Tinsley’s owner, Cam Laundry — were on the ground, badly hurt and hypothermic! Thanks to Tinsley’s bravery, the cops called an ambulance that rushed them to the hospital.
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