JUNE 2019
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Perspectives PMB
HOW POOL SAFETY RESPONSIBILITY FALLS TO ALL OF US Having Fun and Staying Safe This Summer
As summer nears, many of us are excited to cool off in the pool. Whether you’re hosting a pool party or attending one as a guest, it’s important to keep pool safety top of mind. No one likes to taint the enjoyment of a day at the pool by thinking about the bad things that could happen, but safety responsibilities fall on all parties in attendance. Contrary to what many people think, a property owner is not responsible for pool injuries simply because they occurred on their property. For the owner to be liable, the injuries must be the result of a dangerous condition, but even that alone doesn’t impose legal responsibility on the property owner. A property owner’s duty is dependent upon the status of the injured person. Someone swimming at your home would be considered a social guest, and the general rule with social guests is that they must accept the property as they find it. As the host, you have no obligation to make the property safer for guests than for yourself, and you are not required to inspect the property for defects that might result in injury to your guests. On the other hand, if you know or have reason to know of a condition that could pose an unreasonable risk of harm to a guest, then it’s your duty to make the condition safe or to warn them of the risk involved. If a guest knows or has reason to know of the condition and the risk involved, the host is not responsible.
pool. The guest admitted that he knew not to dive into shallow water and that he knew, from using this pool on 20 prior occasions, that the pool floor sloped from shallow to deep water. On the day in question, he misjudged the point at which the pool was deep enough for diving. The court decided in favor of the homeowner, pointing out that the duty to warn a social guest of a known, dangerous condition on the premises is not imposed when the guest is aware of the condition or would observe it. But the dissenting opinion in the case pointed out that because the risk of serious harm in this situation is so great and the means of avoiding it, such as putting up “no diving” signs, would have been so easy, the homeowner should have been held responsible. While there is no standard or law that requires warning signs on residential pools, the duty of a homeowner is fact-sensitive, so the decision could go the other way. If you are a pool owner, take precautions to eliminate or reduce the risk of injury to guests. Especially when it comes to children,
the risks are greater, and the likelihood of the homeowner being legally responsible for injuries increases in those cases involving children.
The Red Cross recommends every pool owner do the following:
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Secure your pool with appropriate barriers.
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Designate a water watcher and stay in arm’s reach of young children. Install anti-entrapment drain covers and safety releases to protect against drain entrapment.
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If a child is missing, check the water first.
As fun as pools are, they come with risks, and it’s vital to minimize them as much as possible. Enjoy your summer by staying safe! And if you need any legal help concerning pool safety, reach out to us. We’re here for you. –Wendy Bornstein
Real Life Pool Incident
In one New Jersey case, a guest at the defendant’s home was seriously injured as a result of diving into the shallow end of the
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DOGS IN ANCIENT LEGEND Good Boys of Antiquity
Far before humans had written histories, we had dogs. From hunting and shepherding to playing and relaxing, our early ancestors had canine companions by their side, and their appreciation shows. As storytelling developed around the world, our four-legged friends became important characters. Here are a few ancient legends for the historical dog lover.
him to love not just her but all dogs too. In fact, the man is crestfallen when his hound is revealed to be a human. Tuiren’s nephew, the hero Fionn, cheers Fergus up with a new puppy!
TARASCAN SPIRIT DOGS
YUDHISHTHIRA’S STRAY
Many Mesoamerican cultures featured dogs prominently in their myths and legends, especially in regard to the afterlife. One of the most notable of these comes from the Tarascan state, an empire that rivaled the Aztecs. The Tarascans believed canine spirits would search out the souls of lost humans and guide them safely out of the mortal world. Leave it to dogs to create ghost stories with happy endings.
The Indian epic “Mahabharata” is thought to date back to the eighth or ninth century B.C. and tells the story of two warring families. Toward the end of the tale, prince Yudhishthira and his family begin to ascend the Himalayas to reach heaven, and a stray dog joins them on their journey. One by one, Yudhishthira’s companions fall, until only the prince and his furry friend remain. When the god Indra finally appears to offer Yudhishthira passage into heaven, he brings bad news: The dog cannot come with him. But Yudhishthira refuses to abandon his dog, explaining that he could never leave such a loyal, steadfast companion. Anyone who’s turned down a great apartment offer because they don’t allow pets can relate.
TUIREN THEWOLFHOUND
In Irish folklore, Tuiren was a beautiful woman to be wed to Iollan Eachtach, but this love made Iollan’s faery sweetheart jealous. In an attempt to ruin the young woman’s wedding, the faery turns Tuiren into a hound and gives her to Fergus Fionnliath, a renowned dog-hater. This cruel act backfires when the Irish wolfhound wins over Fergus, teaching
Why Seniors Are Flocking to Home-Sharing Platforms AN OPPORTUNITY FOR EASY MONEY AND SOCIAL ENGAGEMENT
The freedom of retirement certainly comes with its perks, but challenges of post-work living exist as well. Chief among them, for most elderly folks, are fears of social isolation and financial insolvency, as having coworkers and a regular income are not as common in retirement. Perhaps this is why so many retirees are flocking to home-sharing platforms like Airbnb or its seniors-only cousin, The Freebird Club. Airbnb reported last year that the 60-plus age bracket is its fastest- growing demographic worldwide, with the number of senior hosts as much as doubling every year. Home-sharing platforms can be a tremendous boon to a tight retirement budget. It’s an especially attractive option to elderly folks who find themselves rich in assets but struggling with liquid finances.
Home-sharing allows them to tap into these resources. According to Priceonomics, U.S. Airbnb hosts bring in a monthly average of $924.
But home-sharing can do more than boost your income. By opening a room in your home to travelers, you’ll encounter all kinds of people you might never otherwise meet, prompting dynamic social interactions and meaningful connections. The rating systems on Airbnb and similar platforms almost entirely prevent would-be troublemakers from entering your property, and users report that when a rare negative experience does occur, the company typically has your back. It’s a great way to stay socially engaged while staving off loneliness. Best of all, running a modestly successful Airbnb usually doesn’t take much work. It simply requires you to set up a neat, welcoming space, keep in contact with your guests, and ensure the check-in and check- out processes are as straightforward as possible. In fact, senior hosts seem to have a leg up on their younger counterparts, as elderly hosts earn the most consistently positive ratings across the globe. Airbnb and The Freebird Club won’t make you rich, but they’re relatively low effort enterprises that come with some massive benefits. If you’re looking for a little busywork, some extra cash, and a little social interaction in your retirement, hosting may be your best bet!
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TAKE A BREAK
Being a Parent Isn’t Always a Walk in the Park HEROIC DADS WHO DIDN’T BACK DOWN
Kids often look up to their father as one of their greatest heroes. There are the long drives to sports tournaments, the late-night movies, and the sweets when Mom isn’t looking. We probably all have some reason to look up to our dad as one of our biggest influences. It’s Father’s Day this month, a special time of year when we take a moment to think about the sacrifices the father figures in our lives have made for us. Most dads are pretty great, but some go above and beyond the fatherly call of duty. Let’s take a look at some heroic dads who risked everything to keep their families safe. Life can change in a split second, and how you choose to react in a moment of peril can define your legacy forever. Few people know this as well as Brad Lewis. When Brad and his young son, Oscar, were deeply entrenched in an intense Nerf battle, he surely didn’t think the situation would turn as dangerous as it did. When a few darts missed his father and landed on the balcony, Oscar ran after them but soon found himself teetering on the balcony’s ledge, 12 feet above the ground. Thinking fast, Brad grabbed his son just before he fell over, both taking the plunge while Brad protected his son with his own body. Just as he’d intended, Brad absorbed most of the blow. While Oscar sustained serious wounds, his father’s injuries were more severe. Brad was left fighting for his life in the ICU, with severe fractures to his skull and vertebrae. Thankfully, Brad is expected to make a full recovery and has made serious strides since the accident. He and his son will live to play another day. While camping in Great Smoky Mountains National Park in June 2015, Greg Alexander awoke to the sound of a nightmare. The screams of his son intermingled with the roars of an unknown assailant, beckoning Greg to his son’s tent. There, he found his son Gabriel being attacked by a bear. The bear had his son by the head and was dragging him away. Greg jumped on the bear’s back, desperately trying to take attention away from Gabriel. Amazingly, it worked, and in the end, the bear ran away. Gabriel was left with serious cuts to his head, but thanks to his dad’s heroism, the two were able to walk away from that campsite and back to their lives together. The important thing to remember is that you don’t have to take a leap of faith or fight a bear to be a hero in your family’s eyes. Just be yourself, show some support, and do the best you can. Happy Father’s Day, everybody. BRAD LEWIS: OVER THE LEDGE GREG ALEXANDER: COULDN’T BEAR TO SEE HIS SON HURT
NO. 1 DAD HASH BROWNS
Inspired by Food Network
Ingredients
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1 stick (1/2 cup) unsalted butter, or 6 tbsp ghee 3 russet potatoes (about 1/2 lb.), peeled 1 tsp Kosher salt, plus more to taste
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Freshly ground black pepper, to taste Pinch of cayenne pepper, plus more to taste
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Directions
1. In a small saucepan, heat butter over medium heat until foamy. Reduce heat if needed to avoid browning. Skim off white milk solids to make clarified butter (ghee). Transfer to a bowl and reserve. (This step won’t be needed if using ghee.) 2. Using the large holes on a box grater, grate potatoes. Transfer to a large bowl of cold water and stir until water becomes cloudy. Rinse potatoes under cold water, then squeeze out liquid using cheesecloth or a kitchen towel, removing as much moisture as possible. Season potatoes. 3. In a large nonstick skillet, heat butter (or ghee) to medium-high. Add potatoes and cook until a crust forms underneath, about 5 minutes. Using a rubber spatula, break up potatoes and continue to cook, adding more butter (or ghee) if potatoes begin to stick. 4. Cook until golden brown and crisp, about 8 minutes. Drain on paper towels; season with salt, pepper, and cayenne to taste. Serve.
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INSIDE THIS ISSUE
1 2 3
Let’s Talk Pool Safety
Dogs in Ancient Legend Seniors Are Flocking to Home-Sharing Platforms Hash Browns for the Best Dad Dads Who Went Above and Beyond the Call of Duty
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Athletes Who Fought Their Way to the Top
UNLIKELY PRO ATHLETES WHO BEAT THE ODDS Sometimes All It Takes Is the Power of Will
JIM ABBOTT: NEVER NEEDED A HAND
The life of a professional athlete can seem like all glitz and glamour, shaking hands, kissing babies, and occasionally performing in the spotlight under a little bit of pressure. But for every athlete you see on your television screen, there are actually hundreds more in the minor leagues fighting against all odds to make it to the big stage. And some of those athletes have disadvantages that mean they have to work twice as hard just to get the same respect as those who’ve had an easier road. These professionals prove that sometimes all it takes to see your dreams come true is an ability to block out the noise, put your head down, and keep your disabilities from holding you back. Here are two athletes who did just that.
disease that severely affected his kidneys. Already considered a bit of an underdog, he chose to keep fighting to pay off his increasing medical debts and give his family a shot at a better life. As his disease progressed and he realized his days were numbered, fate pitted him against heavyweight Bill Brennan. Despite
After being born without a right hand, the odds of Jim Abbott playing baseball in any
capacity seemed slim, but Jim Abbott didn’t care about the odds. After developing a one-of-a-kind fielding routine where he would switch his glove from his shorter arm to his dominant one, Abbott took his talents all the way to the major leagues. Fans around the world watched as he turned his disability into a 10-year MLB career that included throwing a no-hitter in 1993 against the
his doctor’s orders, and despite facing a much larger opponent while he was literally at death’s door, Miske shocked the world by knocking Brennan out and delivering
New York Yankees, which was one of the most remarkable accomplishments in baseball.
BILLY MISKE: FIGHTING FOR HIS LIFE
the dream Christmas that he’d promised his children in the process. He died a few days later, immortalized by his fighting spirit and refusal to quit.
Boxing is a sport of extreme violence and diligent strategy. To be a winner, you must be smart and physically capable. For a while, Billy Miske was both of those things — until he was diagnosed with the life-threatening Bright’s
Sometimes the sky isn’t enough. Ultimately, the only limits that hold you back are the ones you set for yourself.
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