Imagine driving down the freeway one minute and being thrown out of your vehicle the next. If you aren’t scared yet try the onset of head and back pain and the ensuing ride to the hospital. Now, imagine the stress and worry about the medical bills you are accruing and wondering how much your insurance company will actually cover. After all of this, imagine that you just found out the authorities believe the rollover was caused by a mechanical issue.
This is what happened to a man last week, when his truck rolled over on I-17. The authorities believe his accident may have been caused by a mechanical issue involving a wheel. Do some people actually believe that it is so much easier on you because it wasn’t your fault? Does it lesson the pain and disability of the injured man, knowing that he is not at fault? Surely not.
We all have certain responsibilities not only to ourselves, but to each other when we perform services for them for a cost. Companies have a responsibility to us to sell safe products. Service organizations (i.e. repair shops) have a responsibility to provide services in such a way that do not cause us injury. In Arizona, a manufacturer may be liable for injury or wrongful death caused by failure to exercise ordinary care in manufacturing or designing car parts, drugs, children's toys or other products, resulting in:
- Defective design of the product
- Failure to adequately test and inspect the product
- Failure to provide adequate instructions, warnings and labels on the product
- Failure to issue an adequate recall notice concerning the product
Likewise, a mechanic may be liable for your damages if they are negligent in the repair of your vehicle. As consumers, we also have a responsibility to follow the sound advice of others trained in areas we are not. For example, if a mechanic advises you that certain repairs are needed and we choose not to have them done, and an accident occurs as a result, you may be found liable.
The law imposes duties of care upon everyone. If you pay someone for a product or service, you are relying upon an “implied warranty” that the product is safe for regular use. If you are unfortunate enough to be in an accident that you believe resulted from the negligence of another, or from a defective product, you should immediately contact an experienced attorney. These cases can be vey technical and difficult, and evidence can be lost or destroyed with the passing of time which may make it impossible to ever prove your case. Also, there are established timeframes and laws for bringing these types of claims. Failure to timely file a claim could result in forever losing your right to bring a claim for your injuries and damages.
Friday, February 27, 2009
Monday, February 23, 2009
Are Coaches Accountable For Heat-Related Injuries
The parents of a Kentucky high school football player who died several days after a practice, due to heat-related injuries, are suing the coach.
Surely, the coach is grieving and will probably carry this with him for the rest of his life, but is he at fault? In the past there hasn’t been a coach criminally charged in any heat exposure death to a player. However, one has to wonder to what extent is it okay to continue to push these kids in atmospheres that have at times escalated to dangerous conditions, and should a coach, being aware of this, be held accountable?
As each of these athletes are unique so are their stories, and as this coach in particular has been indicted on one count of reckless homicide , we shall see if his peers feel whether or not he should be held accountable.
At Zachar & Associates, we handle civil matters (i.e. claims, lawsuits), not criminal matters. We believe that the circumstance of a young athlete dying under these conditions is very disturbing. Through media sources, we have heard more about these types of incidents in recent years. To the extent that an injury or death does not result from a purely unknown medical condition, it seems that these incidents are quite preventable, with the use of a little common sense. Under Arizona law, we call this “reason”. The law is designed to hold civilly responsible those who have responsibilties to our young athletes, whose unreasonable behavior results in injuries, or death.
Living in Arizona, we have to be especially careful when it comes to heat-related injuries. Summer is quickly approaching so please remember to make sure your children are well hydrated and help them to be aware of warning signs from their own bodies. We are all concerned when a child is injured and we all want to make sure that we prevent the same thing happening to another child, especially when the injured child is our own. If your child is injured and you believe it is due to the negligence or carelessness of another, seek legal counsel.
Surely, the coach is grieving and will probably carry this with him for the rest of his life, but is he at fault? In the past there hasn’t been a coach criminally charged in any heat exposure death to a player. However, one has to wonder to what extent is it okay to continue to push these kids in atmospheres that have at times escalated to dangerous conditions, and should a coach, being aware of this, be held accountable?
As each of these athletes are unique so are their stories, and as this coach in particular has been indicted on one count of reckless homicide , we shall see if his peers feel whether or not he should be held accountable.
At Zachar & Associates, we handle civil matters (i.e. claims, lawsuits), not criminal matters. We believe that the circumstance of a young athlete dying under these conditions is very disturbing. Through media sources, we have heard more about these types of incidents in recent years. To the extent that an injury or death does not result from a purely unknown medical condition, it seems that these incidents are quite preventable, with the use of a little common sense. Under Arizona law, we call this “reason”. The law is designed to hold civilly responsible those who have responsibilties to our young athletes, whose unreasonable behavior results in injuries, or death.
Living in Arizona, we have to be especially careful when it comes to heat-related injuries. Summer is quickly approaching so please remember to make sure your children are well hydrated and help them to be aware of warning signs from their own bodies. We are all concerned when a child is injured and we all want to make sure that we prevent the same thing happening to another child, especially when the injured child is our own. If your child is injured and you believe it is due to the negligence or carelessness of another, seek legal counsel.
Wednesday, February 18, 2009
Bus Crash in Arizona Kills 7
We are extremely saddened over the great loss of life caused by an accident involving a tour bus traveling north to Las Vegas. Seven Chinese nationals on the bus were killed and at least ten others were injured.
The bus rolled over, ejecting passengers after the driver overcorrected and hit a gravel median. Others were injured when their cars crashed trying to avoid the bus.
This was a terrible tragedy and our thoughts are with those who are trying to recover from injuries suffered due to this accident and, of course, with all of those who lost loved ones.
Under Arizona law, all drivers have a responsibility to drive with safety, to avoid causing injuries to those within their vehicles and others lawfully on the public roadway. This responsibility is referred to as a “legal duty”. When a driver causes an accident, they are said to have breached their legal duty to the injured. Under Arizona law, when a person or company transports persons for a fee, they are called a “common carrier”, and the law ascribes to them the highest type of duty (i.e. they have to be the most careful). Under Arizona law, a person is legally and financially responsible for damages they cause. In addition, if they are working for another at the time, then their employer is also legally and financially responsible for the injuries and damages of the injured party.
We know that at times like this no one wants to worry about how they are going to pay their medical bills or if their insurance company is going to pay for their hospital stay. We are here to answer your questions, and to provide you help and guidance for uncertain and troubled times following an injury accident. The responsible driver and employer will have insurance officials and attorneys to protect them---you also need to protect yourself and know your rights. There are few who can explain your right and options under these circumstances more so than an experienced personal injury attorney in Arizona. In particular, one who has been determined to be a specialist in injury and death matters by the State Bar of Arizona.
The bus rolled over, ejecting passengers after the driver overcorrected and hit a gravel median. Others were injured when their cars crashed trying to avoid the bus.
This was a terrible tragedy and our thoughts are with those who are trying to recover from injuries suffered due to this accident and, of course, with all of those who lost loved ones.
Under Arizona law, all drivers have a responsibility to drive with safety, to avoid causing injuries to those within their vehicles and others lawfully on the public roadway. This responsibility is referred to as a “legal duty”. When a driver causes an accident, they are said to have breached their legal duty to the injured. Under Arizona law, when a person or company transports persons for a fee, they are called a “common carrier”, and the law ascribes to them the highest type of duty (i.e. they have to be the most careful). Under Arizona law, a person is legally and financially responsible for damages they cause. In addition, if they are working for another at the time, then their employer is also legally and financially responsible for the injuries and damages of the injured party.
We know that at times like this no one wants to worry about how they are going to pay their medical bills or if their insurance company is going to pay for their hospital stay. We are here to answer your questions, and to provide you help and guidance for uncertain and troubled times following an injury accident. The responsible driver and employer will have insurance officials and attorneys to protect them---you also need to protect yourself and know your rights. There are few who can explain your right and options under these circumstances more so than an experienced personal injury attorney in Arizona. In particular, one who has been determined to be a specialist in injury and death matters by the State Bar of Arizona.
Tuesday, February 10, 2009
Dog Bites in Arizona
Phoenix Dog Bite Attorney Many dog bites are not serious at all and many are never reported. However, those that are, have sparked widespread debates over how to prevent further attacks.
One popular topic for debate is ordinances or laws. There are those who support banning pitbulls versus those who support banning “dangerous breeds”. Then there are those who support restricting certain breeds and how they are contained while still others prefer fining owners of dogs that chase or attack people or animals.
In 2007 about 310,000 people were received in emergency rooms due to dog bites. If you live in a neighborhood with dogs or if you frequent areas where there are dogs, you might want to keep updated on the laws and regulations regarding dogs in those areas.
Contact an experienced dog bite lawyer if you or someone you know has been bitten by a dog. Most importantly, seek medical attention right away and then seek legal advice before discussing anything with any insurance company. Chris Zachar of Zachar & Associates has extensive experience handling animal attacks and dog bite injury claims.
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