Fleschner, Stark, Tanoos & Newlin June 2019

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h V i s i t i n g

The Mystery Spot; Santa Cruz, California Advertising itself as a “gravitational anomaly,” this wacky spot in the middle of the redwood forest showcases a series of optical illusions such as balls rolling uphill and a cabin where visitors can lean toward the ground and appear to defy gravity. It might not be aliens, like some believe, but visitors of all ages will get a kick out of the illusions messing with their perception. Plus, the nearby hiking trails through the redwoods offer a free added experience. Dinosaur Land; White Post, Virginia It might not be Jurassic Park, but it’s still worth a look. Nestled in the greenery of Northern Virginia, this park has over 50 life-size statues of dinosaurs of all kinds. Tours are self-guided, parking is free, and children (or adults) with dinosaur obsessions

The United States can be a weird place, and some landmarks definitely reflect that sentiment. Along almost every highway, bizarre landmarks draw road trippers of all ages. Sometimes tourist traps aren’t worth the price of admission, but when you’re taking your summer road trip this year and your family needs a place to stop and stretch, these are three roadside attractions worth checking out. The Lost Sea; Sweetwater, Tennessee The Lost Sea is the largest underground lake in the U.S. Lying 140 feet beneath the surface, it’s a fun escape from the summer heat, since it’s 58 degrees year-round. Kids and adults alike can learn about the history and geology of the area on a guided tour through forest above and lake below. And afterward, you can stop by the general store, ice cream parlor, or café.

are sure to smile and point out their favorites. It’s certainly something to “rawr” home about.

Whether these spots are your destinations or you’re just passing through on your summer road trip, visiting these roadside attractions and others like them will add some fun to your travels.

Monthly Question and Answer Slip and Fall Injuries

“I was shopping at Kroger and fell. I was checking out the organic vegetables and slipped on water on the floor. I have a fractured right lower leg. The adjuster told me I’m at least 50 percent at fault. Is that true?” It is only true if you cave in to the nonsense the adjuster is telling you. I admit, slip and fall cases can be difficult. I know many personal injury attorneys who refuse to accept slip and fall cases. It is not unusual for clients to tell us that before they called our firm, they talked to several other attorneys who turned down their cases. I understand the

I think the above defenses usually aren’t reasonable, and if the case is litigated, a jury hearing all the evidence will find in favor of the injured party. People don’t just spontaneously fall. We start walking when we are about 1 year old. We walk just fine for years and years. We don’t fall unless there is a reason, and the reason is that the store didn’t check the floor often enough to make sure nothing spilled. Key Point: When you are in a grocery store, the store does not want you looking at the floor. They want you looking up at the shelves. You are not looking at the floor because that is the way the store was designed.

reasons. Many people, and virtually all adjusters, believe it’s your own fault if you fall down. The argument is you wouldn’t have fallen if you were paying attention to where you were going. This is the old open and obvious argument: You should have been observant and known about the dangerous condition. It has been our experience that insurance companies almost always claim there was comparative fault, and the person falling was at least partially at fault for his or her own injury, regardless of what the evidence shows. This argument is made to reduce the amount of damages. In Indiana, if you are found to be 50 percent at fault, you are only entitled to a 50 percent compensation for your damages. If you are more than 50 percent at fault, you are barred from receiving any damages.

There is a saying in retail: “Eye level is buy level.” Stores reserve upper shelves for top brands (the most profitable products), while reserving lower levels for cheaper brands. There is an exception: Kid items are placed lower where kids can see and touch them. I once handled a case where a young boy picked up a bottle of blow bubbles from a lower shelf, opened it, and spilled part of the liquid contents on the floor. The store failed to do a customary periodic sweep of the

area, and our client slipped on the liquid and was severely injured. Ultimately, after filing a lawsuit, we were able to get a good

settlement for our deserving client.

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