Holland & Usry - July 2021

AN UPHILL BATTLE AGAINST THE ‘OPEN AND OBVIOUS’ ‘Why Didn’t You Look Where You Were Going?’

If you’re seriously hurt in a slip or trip and fall in South Carolina, you face an uphill legal battle — but it can be overcome with professional guidance. These cases are hard to prove. You must deal with the first defense, which you might hear before you’re helped up: Why didn’t you look where you were going? The danger was an “open and obvious hazard.” South Carolina law doesn’t clearly define “open and obvious,” because I guess the courts consider the meaning to be, well, obvious. Generally speaking, it means a dangerous condition that’s not hidden [open] and whose danger can be immediately recognized [obvious].

At least two South Carolina court cases discussed the nature of the defense, and in both cases, the courts pointed out the defense: Property owners aren’t responsible for injuries from open and obvious conditions. However, that’s not the whole law on the subject. It’s got a huge exception built into it — which you’ll need an experienced fall injury attorney to help you qualify for. Here’s the exception: Businesses and property owners remain liable for open and obvious conditions if they should have anticipated the victim would encounter the condition and sustain harm. In both of those South Carolina cases, the property owners were found liable in subsequent appeals. Sharp attorneys found evidence that they’d been warned and aware of and failed to account for the dangers present. The exception also includes when a business or property owner should expect the victim to be distracted, like when you’re too busy looking at shelves to notice the spill on the floor. If you’re seriously hurt, and your case might involve the open and obvious defense, the one thing that’s truly open and obvious is that you need professional help to protect your right to the settlement you might qualify for under the law. It’ll be a legal battle you just can’t wage on your own. To get started with a free strategy session or just get your questions answered, call me toll-free at 888.230.184.

Good News

“Now the Lord is the Spirit, and where the Spirit of the Lord is, there is freedom.” –2 Corinthians 3:17 “Stand fast therefore in the liberty by which Christ has made us free, and do not be entangled again with a yoke of bondage.” –Galatians 5:1 “Out of distress I called on the Lord; the Lord answered me and set me free.” –Psalm 118:5

THE BEST TEXAS-STYLE SMOKED BRISKET

Inspired by AllRecipes.com

Ingredients

Directions 1. In a bowl, soak wood chips in water overnight. 2. In a large bowl, mix paprika, white sugar, cumin, cayenne pepper, brown sugar, chili powder, garlic powder, onion powder, salt, and pepper. 3. Rub spice mixture on the brisket and refrigerate for 24 hours. 4. Preheat smoker to 230 F. Drain wood chips and place them in the smoker. 5. Smoke brisket until it has an internal temperature of 165 F. 6. Remove brisket and wrap it in aluminum foil. 7. Smoke brisket further until it reaches an internal temperature of 185 F.

Wood chips

1/4 cup paprika

1/4 cup white sugar

1/4 cup ground cumin

1/4 cup cayenne pepper

1/4 cup brown sugar

1/4 cup chili powder

1/4 cup garlic powder

1/4 cup onion powder

1/4 cup salt

1/4 cup pepper

10 lbs brisket

864.582.0416

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