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LEGAL BRIEF
DECEMBER 2023 FriedmanSimon.com 516-800-8000
TURNING A NEW PAGE
REFLECTING ON A GREAT YEAR WITH GOOD BOOKS
What do you like to do with your free time? I know the natural answer to that question might be, “What free time?” And I understand that. But I can share with you something I’ve been enjoying more and more that might be something you’d like, too. In addition to being the last month of the year that is obviously filled with so many things happening in life, December is National Read a New Book Month. Having said that, reading is something I’ve tried to be more intentional about doing all year.
in the hospital. During those visits, Hannah and her mother would write together. That’s how she ended up becoming a writer. She wrote “Firefly Lane,” which has become a Netflix series.
“I enjoy a lot of different genres across fiction and nonfiction. In 2023, I set the goal of reading 12 books for the year and I’m on my 21st book now.”
She has written more than 20 books, but I have a few of her books that are my favorites. One of them is called “The Nightingale,” which tells the story of two sisters struggling to survive the Nazi occupation during World War II. Another of her novels I enjoyed is “The Four Winds,” a story that starts in Texas in 1934 during the Dust Bowl era. In the story, a mother and daughter are forced to give up their farm and head to California. Through that journey, they encounter hardship, resentment, and extreme prejudice. The other one that is among my favorites is her book “The Great Alone,” which tells the tale of a family’s decision to leave their home and go settle in the Alaskan wilderness. It’s a great story of resilience and banding together. All of her books have to do with overcoming adversity and rising above. That’s something I can relate to in the work we do. For 35 years, we have helped clients overcome adversity in their lives. And as we head into a new year, that will continue. As always, feel free to reach out to us with any questions you may have.
I remember when I was a young guy raising kids. There wasn’t a ton of extra time, and in the process of building my business, I turned to exercise to maintain my sense of equilibrium. As my kids got older, I got into the habit of reading. Reading calms my mind. I enjoy a lot of different genres across fiction and nonfiction. In 2023, I set the goal of reading 12 books for the year and I’m on my 21st book now. I also like to listen to the Audible versions of books. One of my favorites is “Born to Run,” an 18-hour autobiography about Bruce Springsteen, narrated by Bruce himself. That’s a fantastic story.
In the meantime, I know that reading and exercise will continue to be integral parts of my life. I wish you all the best in 2024, and I hope you can get engrossed in books that speak to you as well.
- Roger Simon
My favorite author is Kristin Hannah. She is a lawyer by trade. Years ago, her mom was fighting breast cancer, and she would go to see her
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We recently settled a case for $375,000 for a 23-year-old client who has permanent scarring after a dog charged across the street and bit her on the leg. In New York, the fact that you were bitten by a dog does not automatically entitle you to compensation. New York has traditionally followed the common law “one-bite rule,” which means that a dog owner is not automatically liable for the first bite or injury caused by their dog. The owner may only be held liable if they were aware of their dog’s aggressive tendencies or had knowledge that the dog had bitten someone before. Fortunately, this rule does not entitle the dog owner to “one free bite.” To recover in tort for a dog bite or attack, a plaintiff must prove that the dog had vicious propensities and that the owner of the dog knew or should have known of such propensities; “vicious propensities” include the propensity to do any act that might endanger the safety of the persons and property of others in a given situation. Vicious propensities of the dog may be established by showing that when around others the dog growls, snarls, barks, lunges, or bears its teeth. If the dog is kept as a guard dog that may also be sufficient to show the dog had vicious propensities. In addition to the dog’s owner, a landlord may be held responsible for a dog bite. To recover against a landlord, an injured party must show that the landlord (1) had notice that a dog was being harbored on the premises; (2) knew or should have known that the dog was being harbored on the premises; (3) knew or should have known that the dog had vicious propensities; and (4) had sufficient control of the premises to allow the landlord to remove or confine the dog. WHEN ARE YOU ENTITLED TO COMPENSATION Dog Bites and the Law
Whether you love to hike, ski, snowboard, or simply live in a cold climate where a car trip can find you stuck in a massive snow storm, you need to learn how to protect yourself from frostbite and hypothermia. You never know when you might be caught outside in frigid temperatures! Here are a few tips to remember in case you find yourself in a dangerous situation. 1. FIND OR BUILD A WIND SHELTER. Icy wind can slice through even the warmest winter gear and quickly sap your body heat. If you’re stuck outside in an urban area, you can shelter behind a wall. Some survivalists even recommend emptying a large trash can and climbing inside until the weather dies down because plastic is a great insulator. (Fun fact: Winter cyclists wear plastic “socks” over or under their real socks to protect their feet from the cold.) Trees can provide a natural wind shelter in the wilderness, or you can build a snow cave in a snowy, treeless area. Pile the snow around you into a drift, then burrow inside to protect yourself from the wind. Dig all the way to the ground if you can, and block most of the entrance to your cave with whatever you have on hand — a backpack, pine boughs, or more snow. (Search YouTube for demonstrations of how to build a snow cave for survival. It is knowledge that is better to have and not need, rather than need and not have.) 2. PROTECT YOUR LUNGS FROM THE COLD. Breathe through your nose and cover your mouth with a scarf or other clothing. These steps will warm the air you breathe, prevent shortness of breath, and keep your core temperature up. 3. MELT SNOW BEFORE YOU EAT IT. You might be tempted to eat snow if you feel thirsty, but this can have a dangerous effect on your body temperature. Instead, melt the snow into water before consuming it. Ideally, you have a water bottle or canteen with you. Fill it with snow, slide it inside your jacket, and wait for your body heat to melt the snow. These tips aren’t a substitute for the basics like staying home in bad weather, wearing layers, packing survival gear, and learning to build a fire. But they can help you stay warm until help arrives! Outdoor Survival Tips Every Winter Sports Lover Should Know
If you, a friend or a loved one has been bitten by a dog, please contact us for a free consultation.
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The Shocking Secrets Hidden Inside Your Body PREPARE TO BE STUNNED BY THESE 5 MIND-BLOWING FACTS!
As the ones who live in our bodies, we often assume we know everything that goes on inside it. We know what foods upset our stomachs, when our bodies feel sleepy, the plants that irritate our allergies, the shampoo our hair likes the best, and so much more. However, our bodies are full of complex systems that operate every moment we’re alive, so there’s no way that we can know everything they get up to. To show you what we mean, here are five strange things you probably didn’t know about your body. NO. 1: YOU’VE WORN MANY DIFFERENT SKINS IN YOUR LIFETIME – LITERALLY. Every month, your body completely replaces your skin’s surface layer. This means over the course of your lifetime, you will have had over 1,000 different skins! NO. 2: YOUR STOMACH BLUSHES TOO. We’ve all been there before; something humiliating happens, and we can feel our faces turn red in embarrassment and our stomachs fall to our feet. Well, it turns out the stomach bit isn’t just a feeling. Researchers have found that when our faces turn red in
embarrassment, the lining of our stomachs turns red, too! This probably explains that “dropping” feeling we have in our gut — it’s the feeling of the skin flushing. NO. 3: OUR BRAINS ARE HUNGRY. While our brains are the key component to keeping us alive, they’re pretty small and don’t take up much physical space; the brain only weighs 3 pounds! However, for what they lack in size, our brains make up for in power, and that power needs fuel. That’s why our little 3-pound brain consumes 20% of our body’s daily calories. NO. 4: ORGAN PAIRS HAVE A SPECIAL BENEFIT. Our organs either come in singular counts or pairs. For example, our lungs, kidneys, eyes, and adrenal glands are examples of paired organs. These organs are special because, despite coming in twos, our body can survive with just one. This applies to every organ pair we have. NO. 5: YOUR SMALL INTESTINE IS TALLER THAN YOU. The average small intestine is 23 feet long, about 18 feet taller than the average human! SUDOKU
Tasty Holiday Chocolate Mousse
Add even more cheer to the holidays with this decadent chocolate mousse.
Ingredients
• 10 oz semisweet chocolate, chopped • 4 tbsp butter
• 4 large eggs, separated • 2 tbsp granulated sugar • 1/2 cup heavy cream
Directions
1. In a medium heatproof bowl, add chocolate and butter. Set the bowl over a saucepan of barely simmering water and stir until chocolate and butter are melted and blended, then remove from heat and let cool slightly. 2. In a medium bowl, beat egg yolks until thick. Then gradually add melted chocolate mixture, stirring until blended. 3. In a separate bowl, beat egg whites until foamy. Then gradually add sugar, beating until stiff peaks form. 4. In another bowl, beat cream until stiff peaks form; fold egg whites and then cream into the chocolate mixture. 5. Pour into individual serving dishes and chill for 3 hours or until set.
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INSIDE THIS ISSUE 1 2
Read a New Book Month 3 Tips for Surviving Freezing Temperatures Dog Bites and the Law 5 Astonishing Facts You Never Knew About Your Body Tasty Holiday Chocolate Mousse Guard Squirrel on Duty: The Rodent Who Sent a Burglar Running
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THE GUARD SQUIRREL WHO WENT NUTS ON A BURGLAR
Anyone robbing a house must know they’re getting into a dangerous situation. But the teenager who burgled Adam Pearl’s Meridian, Idaho, home had no idea what consequences were in store. Many homeowners have a guard dog, but Pearl got his home security from Joey, his pet squirrel. One day in 2017, Pearl came home and saw that something seemed amiss. Joey was excited, and the doors he’d left closed were now open. After finding scratches on the lock of his gun safe, Pearl knew there’d been a robbery and called the police.
intended: Joey attacked while he was attempting to break into the gun safe. Unsurprisingly, the rodent’s violence was frightening. “He wasn’t expecting to have, you know, a squirrel come flying out of nowhere at him,” Officer Turner said. The thief reported that leaving was the only way to stop Joey’s aggression. After learning of his bravery, Pearl rewarded Joey with his favorite candy, Whoppers. But he then had a difficult choice ahead. When Joey was still a tiny baby, Pearl and his wife had taken in the abandoned squirrel. They had intended to release Joey back into the wild when spring came, but they were no longer sure. Ultimately, they let Joey decide. After he started playing with other squirrels through the home’s sliding glass door, the Pearls installed a cat door so he could come and go as he pleased. Joey spent several weeks outdoors with other squirrels by day and returned to the Pearls by night. Eventually, he requested one final scratch behind the ears before disappearing into an apple tree and leaving the Pearls’ house behind forever. Though Joey returned to the great outdoors to live with his kind, his legend is a warning to humans. When you break into someone’s home, you never know what you might find.
Officer Ashley Turner couldn’t help but notice Joey’s presence in the house but didn’t believe he was connected with the case — at first. A few hours later, Turner returned to Pearl’s house with his missing belongings and a story to tell. She’d partially identified the perpetrator by the suspicious scratches on his hands. During questioning, Turner said the burglar confessed to the home invasion and explained why he’d left sooner than
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