Law Office Daniel J Miller - July 2021

Law Office Daniel J Miller - July 2021

INYOUR DEFENSE

JULY 2021

757.852.3000 | LegalDefense.com

How I Stay Confident in the Face of Hard Times

I’ve been a business owner for 22 years. Throughout my career, I’ve faced both hard times and good times, economically speaking. When you own a business, you feel those ups and downs a lot more than someone who’s not a business owner. While it’s easy to celebrate the good times, it’s not always easy to maintain your confidence when the market takes a turn for the worse. During the hard times, though, you have to keep up your confidence. If there’s one thing I’ve learned from having my own law practice for 22 years, it’s that you can never panic. When panic guides you, you make bad decisions, plain and simple. That doesn’t just go for business owners; that’s true of anyone. During the first few months of the pandemic, we didn’t have any business at all. The courts were closed and the phones just stopped ringing. I had to cut my employees’ pay and hours to afford to keep our doors open. Legal services are a necessary part of a functioning society, but they’re not like food or shelter. During hard times, people choose to spend their money only on the absolute necessities, and the amount of business our firm gets inevitably goes down. However, it always seems like just when things are about to get worse, they get better. That’s why I don’t panic. Things always get better, and I think that’s due in part to the business model we’ve built over the years. I have friends who are dentists and accountants, and one thing they don’t have to worry about in running their business is constantly finding new clients. While that can be difficult for us sometimes, I know I can rely on my incredible team and our satisfied clients to refer more people to us. I don’t want to sound like I’m just tooting my own horn, but we’ve had clients who were previously represented by other law firms tell us that the service we provide is better than what they had previously. Because of that, I know that even when the market takes a dip, our business model will carry us through hard times. Of course, if you’re not a business owner, you probably don’t find solace in a working business model when your confidence starts to wane. So, I guess in a more general sense, I’m able to keep myself from panicking during downturns and misfortunes because I always try

to look for a bright side. My grandfather used to say to me in a thick German accent, “If you have your health, you have everything,” and that’s the kind of mindset I bring to my work and life. Every situation has a positive side. Maintaining your confidence in any situation takes practice. When I was younger and just starting out as a lawyer, I used to panic like crazy anytime I saw something that might make our client numbers go down. Not anymore. I’ve done what I do long enough to know that even when things get hard, there are always reasons to stay positive, and things always turn up in the end. All you have to do is keep working hard and continue to trust the processes you’ve put in place that have gotten you this far.

– Daniel J. Miller

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After a year delay, the Tokyo Olympics are once again gearing up for two weeks of action and excitement. Athletes from around the world are descending on Japan to give it their all and, hopefully, walk away with gold. This year, however, the games will be folding five new sports into the mix. Four of these sports have never been part of the Olympics, while one sport hasn’t been part of the games in over a decade. Here’s what to expect: SURFING Both men’s and women’s competitions will be held on Tsurigasaki Beach in Chiba Prefecture. Officials say due to the nature of the competition (being in open water), they’ll be generous with the scheduling. Depending on weather and waves, the preliminary round heats and head-to-head competitions may shift around as necessary. SKATEBOARDING There are two categories: park and street. The street competition takes place on a linear course featuring “real world” elements like stairs and handrails, benches, planter boxes, and curbs. The park competition takes place within a more structured environment with a variety of slopes, curves, and other obstacles that will test skaters. 5 N ew S ports J oin the O lympic R oster in T okyo

and speed climbing. In the bouldering competition, climbers will navigate a fixed

route to be completed within a specified time. In lead climbing, climbers aim to reach the high point within a specified time. Finally, in speed climbing, two climbers race against one another. Men and women, 20 per gender, will compete against each other, with the top eight advancing to the final round. KARATE This martial art was developed in Japan in 1868, so it’s only appropriate to make its debut during the Tokyo Olympics. On top of that, the competitions will be held in Nippon Budokan, the site of the very first World Karate Championships in 1970. The Games will test two disciplines: kata (forms) and kumite (sparring). The sport will also be separated into men’s and women’s categories with three weight classes for each. BASEBALL AND SOFTBALL These aren’t new sports to the Olympics, but they were removed from the Games after Beijing in 2008. Baseball is hugely popular in Japan. This year, only six countries will take part in the baseball and softball competitions.

SPORT CLIMBING This event combines three different disciplines on an artificial climbing wall: bouldering, lead climbing,

QUESTIONS ABOUT FIREWORKS INJURIES, PROPERTY DAMAGE, AND LIABILITY B eware the R ockets ’ R ed G lare

Fireworks are an indispensable part of any Fourth of July celebration — which might be why over 13,000 people injure themselves with fireworks every year. Depending on the severity of the injury, fireworks can lead to hospital stays, lost time at work, property damage, and more. Now, it makes sense that if you damage property or injure yourself and/or others with fireworks this Fourth of July, your insurance is on the hook to pay for it. However, if the fireworks that caused the damages are illegal in the Commonwealth of Virginia (such as firecrackers, torpedoes, bottle rockets, or mortars), then you very well could be paying for the damages and medical bills out of pocket. Also, you could very well be arrested for putting on an illegal fireworks show. However, if a firework from someone else’s show, legal or not, injures you or damages your property through no fault of your own, then you might be able to file a lawsuit against the party responsible. Common responsible parties include:

• Government agencies, which might be responsible for a fireworks show you’re attending (and may have seated audience members too close to the fireworks, not tested them properly, or not provided adequate emergency services for potential injuries). • Fireworks manufacturers who might have made a defective and potentially more dangerous product. Whatever the case, if you want to safely enjoy fireworks this Fourth of July, it’s best to leave it to the professionals. However, if you really want to light some fireworks yourself, just remember to have a fire extinguisher nearby, keep everyone at a safe distance to enjoy the show, and don’t mix your fireworks with alcoholic beverages. For any questions about filing a lawsuit against a party who injured you or a family member with fireworks, call the Law Offices of Daniel J. Miller at (757) 517-2942 to learn about your options. Happy Fourth of July!

• Individuals, which might include friends, neighbors, or other guests at the Fourth of July party you’re attending.

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3 Types of Product Defects

WORTHY OF A PRODUCT LIABILITY LAWSUIT

No one likes purchasing a brand-new barbecue, a pair of pants, or some other product, only to realize it’s broken or defective. It’s even more unfortunate when that defect causes injury to the buyer. In those cases, consumers are well within their rights to file a product liability lawsuit against the product manufacturer. However, before you file, it’s important to know exactly which type of product defect caused your injuries. To learn what those are, read on. MANUFACTURING DEFECTS This defect happens to the specific product you purchased as it was being assembled. Some part of your product may have deviated from the original design, whether through the inclusion of substandard materials or oversight on the part of the manufacturer. As a result, using the product as it was intended led you to injure yourself. DESIGN DEFECTS This type of product defect can be particularly dangerous because it means the defect occurs in the design stage and proliferates during the manufacturing stage, potentially leading to massive product recalls and class action lawsuits. Some examples of this include the

vehicles General Motors put out with faulty ignition switches and toys with small parts that unintentionally become choking hazards for small children. ‘FAILURE TO WARN’ DEFECTS Some products can’t get around being inherently dangerous, so they have to make the potentially dangerous nature of the product known to consumers, usually through warning labels. This is especially common for different pharmaceuticals. However, if consumers experience harm in a way the warning labels do not specify, that could be grounds for a product liability lawsuit. If you believe you’ve been a victim of one of these types of product defects, speak with a personal injury attorney as soon as possible about your next steps. Call the Law Offices of Daniel J. Miller today at (757) 517-2942 or contact us through our website at LegalDefense. com/contact-us/.

SUDOKU

THE BESTTEXAS-STYLE SMOKEDBRISKET

Inspired by AllRecipes.com

INGREDIENTS

• Wood chips • 1/4 cup paprika

• 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

• 1/4 cup white sugar • 1/4 cup ground cumin • 1/4 cup cayenne pepper • 1/4 cup brown sugar

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.

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HOW I STAY CONFIDENT IN THE FACE OF HARD TIMES PAGE 1 THESE NEW SPORTS ARE COMING TO THE TOKYO OLYMPICS! QUESTIONS ABOUT FIREWORKS INJURIES, PROPERTY DAMAGE, AND LIABILITY PAGE 2 TYPES OF DEFECTS THAT WARRANT A PRODUCT LIABILITY LAWSUIT THE BEST TEXAS-STYLE SMOKED BRISKET PAGE 3 IS ‘HAMMOCKING’ A BETTER WAY TO SLEEP? PAGE 4 INSIDETHIS ISSUE

(THEORETICAL) BENEFITS OF SLEEPINGWHILE SWINGING IS ‘HAMMOCKING’ A BETTERWAY TO SLEEP?

Hammocking has become a popular leisure activity within the last 5–10 years, with the global hammock market growing about 17% between 2017 and 2021. As fun as it is, though, could hammocking be more than that? Could it be a better way to sleep, not just on camping trips or in the park, but in our homes, too? The short answer is that the >Page 1 Page 2 Page 3 Page 4

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