Phoenix firefighters were called to the Arcadia Ice Arena at 38th Street and Thomas on Sunday night when someone complained of feeling sick. By the time the firefighters arrived, dozens of people were complaining they felt sick, and eight were actually vomiting.
The arena was evacuated due to high carbon monoxide levels. Officials are still investigating, but according to a police spokesperson, the machine used to resurface the ice was left running.
Arena management has indicated that the facility will remain closed until the environment is proven safe. OSHA is now investigating.
Although this may seem like a rare incident, apparently it happens often enough to have been reported by ESPN’s “E:60” as recently as April this year. According to E:60, nearly 200 people have been sickened in the last six (6) months by gases emitted from poorly maintained ice resurfacers. Well, Phoenix can add another 33 to that total. At present, only Minnesota, Massachusetts and Rhode Island have laws regulating air quality at indoor ice rinks.
It is unknown whether injury claims will be presented, or any legal action will result from any of those sickened by the incident. The value of any such claims would depend upon the nature and extent of the injuries.
Under Arizona law, this type of claim would be known as a “premises liability” claim. When injuries occur as a result of some dangerous or defective condition of someone else’s property or premises, the case is classified as “premises liability”. In this type of claim, an injured guest would have to prove that the Arena was negligent in the maintenance of its facilities. Leaving on the resurfacing machine with guests present in the Arena could certainly fit this bill.
At the Zachar Law Firm, we regularly meet with clients, evaluate and handle premises liability claims. These can be difficult claims. The old adage that says “if you get hurt on another’s property, they are automatically liable”----not true. Not even close to true. You must prove negligence. In this case, whether anyone was injured seriously enough to warrant a claim, and whether the Arena was negligent, remain to be seen.
Saturday, May 30, 2009
Thursday, May 28, 2009
Construction Site Danger Kills One
A 58-year-old man died Sunday after helping two boys who had fallen into a construction pit. According to the reports, a 7 –year-old and 3-year-old were playing at a Detroit construction site when the 7-year-old fell into the pit that was intended for a new home basement. The pit which was about 10 feet deep, was filled with water. Garrett Townsend Jr. and a police officer jumped in to rescue the boy. Townsend and the officer were able to help the boy to safety, but unlike the officer, Townsend was unable to scale the muddy walls of the pit. He was later pulled out by rescue workers, and pronounced dead at the hospital.
We hail these men for their courageous endeavors, and regretfully say goodbye to a hero.
In this case, I see “the problem” as a poorly secured construction site. Under Arizona law, this might well classify as an “attractive nuisance”. Under this legal doctrine, a landowner (or contractor) may be held liable for injuries to children trespassing on the land, if the injury is caused by “a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition”. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools.
Further, under Arizona law, it would be quite difficult for the landowner to allege that the boys should have been more careful. Under Arizona law, children under the age of 7 are presumed to be incapable of negligence. They do not have the education or capacity to necessarily determine right from wrong. Children age 7-14 may be held negligent, but it is to be determined on a case by case basis.
In Arizona, we have a TON of construction. Securing construction sites can become a costly expense, but isn’t that a part of the cost of doing business? Surely it is not possible to address every danger that could arise at a construction site, and indeed, the law does not require such. Reasonable measures are all that are required, unless the landowner or contractor has some specific knowledge of a particular danger posed to children or others in the area.
I think the landowners and/or contractor was very negligent in this case. Our sympathies go out to this fallen hero’s family.
We hail these men for their courageous endeavors, and regretfully say goodbye to a hero.
In this case, I see “the problem” as a poorly secured construction site. Under Arizona law, this might well classify as an “attractive nuisance”. Under this legal doctrine, a landowner (or contractor) may be held liable for injuries to children trespassing on the land, if the injury is caused by “a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition”. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools.
Further, under Arizona law, it would be quite difficult for the landowner to allege that the boys should have been more careful. Under Arizona law, children under the age of 7 are presumed to be incapable of negligence. They do not have the education or capacity to necessarily determine right from wrong. Children age 7-14 may be held negligent, but it is to be determined on a case by case basis.
In Arizona, we have a TON of construction. Securing construction sites can become a costly expense, but isn’t that a part of the cost of doing business? Surely it is not possible to address every danger that could arise at a construction site, and indeed, the law does not require such. Reasonable measures are all that are required, unless the landowner or contractor has some specific knowledge of a particular danger posed to children or others in the area.
I think the landowners and/or contractor was very negligent in this case. Our sympathies go out to this fallen hero’s family.
Thursday, May 21, 2009
HELMETS----AGAIN!
Helmets save lives! I know I sound like a broken record and I am going to continue to as long as I see these horrific stories in the news.
On Monday evening, a motorcycle and a truck collided near 40th street and Thunderbird. The police are unsure whether the truck collided with the motorcycle or the other way around. Regardless of who hit who, the man in the truck reportedly walked away with no injuries, however, the motorcyclist was pronounced dead at the hospital. He was riding without a helmet.
In my opinion, it does not matter who hit who. There are legal implications certainly, but the legal implications make no difference to the motorcyclist at this point. However, the fact that the he was not wearing a helmet could make a huge difference to his family in being able to present a claim for damages. If the cause of his death was from head injuries, then these very likely could have been avoided by wearing a helmet. He would still be with us, and although banged up, I would think that his family and friends would be happy to have him banged up much more so than lost forever.
In Arizona, the law follows the doctrine of “comparative negligence”. This means that even if the motorcyclist did not cause the accident-- if it can be proved that his death would have been avoided had he worn a helmet, then his loved ones may be denied recovery.
We hope for the best for all involved in this accident and our condolences go out to the family and friends of both parties. No one walked away unharmed. No one wins in these matters.
** The Law Firm of Zachar & Associates specializes in Personal Injury and Wrongful Death. We value your comments so if you would like to speak with Chris Zachar directly please feel free to email him at Czachar@zacharlaw.com, or visit our website at www. ZacharAssociates.com .
On Monday evening, a motorcycle and a truck collided near 40th street and Thunderbird. The police are unsure whether the truck collided with the motorcycle or the other way around. Regardless of who hit who, the man in the truck reportedly walked away with no injuries, however, the motorcyclist was pronounced dead at the hospital. He was riding without a helmet.
In my opinion, it does not matter who hit who. There are legal implications certainly, but the legal implications make no difference to the motorcyclist at this point. However, the fact that the he was not wearing a helmet could make a huge difference to his family in being able to present a claim for damages. If the cause of his death was from head injuries, then these very likely could have been avoided by wearing a helmet. He would still be with us, and although banged up, I would think that his family and friends would be happy to have him banged up much more so than lost forever.
In Arizona, the law follows the doctrine of “comparative negligence”. This means that even if the motorcyclist did not cause the accident-- if it can be proved that his death would have been avoided had he worn a helmet, then his loved ones may be denied recovery.
We hope for the best for all involved in this accident and our condolences go out to the family and friends of both parties. No one walked away unharmed. No one wins in these matters.
** The Law Firm of Zachar & Associates specializes in Personal Injury and Wrongful Death. We value your comments so if you would like to speak with Chris Zachar directly please feel free to email him at Czachar@zacharlaw.com, or visit our website at www. ZacharAssociates.com .
Tuesday, May 19, 2009
Man Saves 57-Year-Old Brother from Drowning
The latest near drowning in the Valley, to my surprise, was not a child but a 57-year-old man. This just emphasizes the fact that we can’t be too careful around water.
On Sunday April 26th, in the morning, the 57-year-old was doing what a lot of Phoenix residents do, cleaning his pool. In the process the head of the sweeper fell off. He reached for it, fell into the pool and hit his head. When his brother saw him struggling he jumped in and pulled him from the water. The man was in critical condition when the firefighters arrived and he was taken to the hospital. No further information has been reported.
As I was writing this posting, I came across another article about an elderly man who also nearly drowned last week. Firefighters arrived and administered CPR after the man was found not breathing. He was then transported to Scottsdale Healthcare-Shea. He was believed to have been in the pool for 5 to 10 minutes.
We have found no further information about these men since they were each taken to the hospital. Medical confidentiality laws prevent further access to information. We hope they both have had full recoveries.
These accidents speak volumes about how careful we have to be around water--no matter how old we are, and no matter how well we swim. We must always use every precaution available to us. I know it is difficult as adults to believe we would ever need any kind of supervision, and it may not even be a realistic option for a lot of people. However, for children, the opposite is never true. No matter how old or how good of a swimmer your child may be, accidents can occur. It does not take long for a tragic accident to result in an unfortunate death—especially when swimming pools are involved. Drownings are called the “silent death”. You will not hear screams or cries for help. In fact, you will not hear anything.
Summer is coming, and swimming pool season is here. Please be careful—running, jumping, diving, playing, etc… A little extra caution goes a long way, most of the time we never realize. Have a great summer.
** If you have any quesions or comments regarding this blog or a legal matter please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at ZacharAssociates.com
On Sunday April 26th, in the morning, the 57-year-old was doing what a lot of Phoenix residents do, cleaning his pool. In the process the head of the sweeper fell off. He reached for it, fell into the pool and hit his head. When his brother saw him struggling he jumped in and pulled him from the water. The man was in critical condition when the firefighters arrived and he was taken to the hospital. No further information has been reported.
As I was writing this posting, I came across another article about an elderly man who also nearly drowned last week. Firefighters arrived and administered CPR after the man was found not breathing. He was then transported to Scottsdale Healthcare-Shea. He was believed to have been in the pool for 5 to 10 minutes.
We have found no further information about these men since they were each taken to the hospital. Medical confidentiality laws prevent further access to information. We hope they both have had full recoveries.
These accidents speak volumes about how careful we have to be around water--no matter how old we are, and no matter how well we swim. We must always use every precaution available to us. I know it is difficult as adults to believe we would ever need any kind of supervision, and it may not even be a realistic option for a lot of people. However, for children, the opposite is never true. No matter how old or how good of a swimmer your child may be, accidents can occur. It does not take long for a tragic accident to result in an unfortunate death—especially when swimming pools are involved. Drownings are called the “silent death”. You will not hear screams or cries for help. In fact, you will not hear anything.
Summer is coming, and swimming pool season is here. Please be careful—running, jumping, diving, playing, etc… A little extra caution goes a long way, most of the time we never realize. Have a great summer.
** If you have any quesions or comments regarding this blog or a legal matter please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at ZacharAssociates.com
Friday, May 15, 2009
Woman Killed Standing at Bus Stop
A woman who was waiting for the bus Saturday morning just west of 19th Avenue and Greenway Road was struck and killed by a truck.
Nancy Lau Urquides was standing at the bus stop along with another man when a truck heading eastbound crossed over into the westbound lane and crashed into the bus stop, killing Urquides. The unnamed man was able to jump out of the way avoiding injury.
According to the police, the driver was a 53-year-old woman who they believed was driving while impaired. After issuing a warrant and searching the truck the police did find a usable amount of dangerous drugs and drug paraphernalia. The driver will likely be charged with manslaughter.
In an accident such as this caused by a drug-impaired driver, both criminal and civil trials may result. A driver may be charged with a crime and sued for monetary damages in separate proceedings. I hope that Nancy Lau Urquides’ loved ones realize they can and should get help from an experienced wrongful death attorney. My condolences go out to them in their time of grief.
Nancy Lau Urquides was standing at the bus stop along with another man when a truck heading eastbound crossed over into the westbound lane and crashed into the bus stop, killing Urquides. The unnamed man was able to jump out of the way avoiding injury.
According to the police, the driver was a 53-year-old woman who they believed was driving while impaired. After issuing a warrant and searching the truck the police did find a usable amount of dangerous drugs and drug paraphernalia. The driver will likely be charged with manslaughter.
In an accident such as this caused by a drug-impaired driver, both criminal and civil trials may result. A driver may be charged with a crime and sued for monetary damages in separate proceedings. I hope that Nancy Lau Urquides’ loved ones realize they can and should get help from an experienced wrongful death attorney. My condolences go out to them in their time of grief.
Tuesday, May 12, 2009
Rollover in Arizona Kills 1
An accident last Wednesday involving two minivans. One person was killed and several other injures. The collision occurred just before 6:30 pm and closed several lanes of traffic on the Loop 202.
One minivan was driving westbound on the 202 and suddenly veered left crossing into the dirt. The van struck the highway median barriers and rolled, ejecting two of the five people inside. A second minivan then crashed into the first.
One of the people in the first van was pronounced dead at the scene and the four others were taken to hospitals. There were no reported injuries in the second vehicle.
As with many of these cases, we don’t know all of the information but there are many things we can address about these types of accidents. For instance, rollover accidents account for 33% of all passenger vehicle fatalities, amounting to over 10,000 deaths each year. Also, in three out of four of these accidents the victims were ejected indicating they weren’t wearing a seatbelt. According to Safecar.gov, rollovers occur in one of two ways: Tripped or un-tripped. A “tripped” rollover is one in which a vehicle leaves the roadway and slides sideways either digging its tires in to soft soil, hitting a steep slope, or hitting an object like a curb or guardrail. The force applied to the tires can then cause the vehicle to roll. An “un-tripped” rollover is less common, occurring less than 5% of the time, and involves high-speed collision avoidance maneuvers. This type is more likely to happen to top-heavy vehicles.
Rollovers should not happen under normal driving conditions. A rollover can occur, however, if a tire blows out, if the vehicle is hit from the side, or if the driver turns too quickly or sharply. The resulting liability would depend on what actually happened. In the instance of a tire blowout, the manufacturer or the mechanic may be liable. If the vehicle was hit from the side, it is very likely a driver was at fault. If the vehicle turned too quickly or sharply. Likewise, probably driver liability.
Regardless of cause, it is important to retain an experienced personal injury attorney as early as possible in order that evidence is preserved and a proper and complete investigation performed to determine the cause of the accident. Evidence has a tendency to disappear with time, and it is very possible that these types of cases may turn on a single piece of evidence. Experienced injury attorneys generally provide free consults, and therefore it costs you nothing to see if you have a situation wherein they might help.
One minivan was driving westbound on the 202 and suddenly veered left crossing into the dirt. The van struck the highway median barriers and rolled, ejecting two of the five people inside. A second minivan then crashed into the first.
One of the people in the first van was pronounced dead at the scene and the four others were taken to hospitals. There were no reported injuries in the second vehicle.
As with many of these cases, we don’t know all of the information but there are many things we can address about these types of accidents. For instance, rollover accidents account for 33% of all passenger vehicle fatalities, amounting to over 10,000 deaths each year. Also, in three out of four of these accidents the victims were ejected indicating they weren’t wearing a seatbelt. According to Safecar.gov, rollovers occur in one of two ways: Tripped or un-tripped. A “tripped” rollover is one in which a vehicle leaves the roadway and slides sideways either digging its tires in to soft soil, hitting a steep slope, or hitting an object like a curb or guardrail. The force applied to the tires can then cause the vehicle to roll. An “un-tripped” rollover is less common, occurring less than 5% of the time, and involves high-speed collision avoidance maneuvers. This type is more likely to happen to top-heavy vehicles.
Rollovers should not happen under normal driving conditions. A rollover can occur, however, if a tire blows out, if the vehicle is hit from the side, or if the driver turns too quickly or sharply. The resulting liability would depend on what actually happened. In the instance of a tire blowout, the manufacturer or the mechanic may be liable. If the vehicle was hit from the side, it is very likely a driver was at fault. If the vehicle turned too quickly or sharply. Likewise, probably driver liability.
Regardless of cause, it is important to retain an experienced personal injury attorney as early as possible in order that evidence is preserved and a proper and complete investigation performed to determine the cause of the accident. Evidence has a tendency to disappear with time, and it is very possible that these types of cases may turn on a single piece of evidence. Experienced injury attorneys generally provide free consults, and therefore it costs you nothing to see if you have a situation wherein they might help.
Monday, May 4, 2009
Driver and Four Passengers Killed in Bus Crash
A bus crashed on a Highway 101 overpass just north of Soledad, California Tuesday afternoon, killing five people and injuring dozens more.
Investigators believe the bus was the only vehicle involved in the crash. Apparently the bus hit a guardrail as it entered the overpass and rolled several times. The bus slid almost 300 feet before finally coming to a stop just a few feet from the edge of the overpass. Police Chief Richard Cox stated that if it had continued a few feet more it would have likely careened off the overpass.
The bus was carrying 36 people, including the driver. Four passengers fell from the overpass to the road below after being ejected from the bus. One passenger fell to the railroad tracks below. A 13-year-old girl and six others were airlifted to hospitals in Fresno and San Francisco. What I can discern from the many news reports, every person on the bus was injured. The scene was “horrific” according to Chief Cox, with people and luggage scattered along the overpass. The work of 16 rescue agencies, five ambulances and seven helicopters is to be lauded for their efforts in tending to the mass tragedy.
What caused the bus to spiral out of control is still under investigation, but one emergency responder said the overpass is notorious for its dangerous crosswinds. A California Highway Patrol Officer also mentioned that the wind was howling from the Northwest at the time of the accident. However, it is still too early to know if this had anything to do with the accident.
The bus company, Orion Pacific, had a clean inspection record on its vehicles and drivers in the past two years. The company received a satisfactory rating, the highest possible, in a comprehensive audit of its vehicles and safety practices in December 2006. The company also has up-to-date insurance with the $5 million coverage the law requires.
I don’t know how far $5 million coverage will go in an accident of this magnitude. What really caused this crash? Was it high winds? Was it driver error?
If driver error, there is little doubt that every penny of the company’s $5 million in coverage will be paid out for the victims and their families. But what if it was high winds? If high winds were known to cause this to be a dangerous area, could anything have been done prior to the accident? We know that we cannot prevent wind, however, are their measure that could have been taken by the State of California to make this area safer? Barriers? Windbreaks? An alternative roadway design or configuration? Perhaps these measures were considered before this crash—perhaps not. If there was knowledge to the State of California that this was a problems area, and if something could have been done, then there may exist liability on the State for failing to do something.
We cannot prevent every accident. In truth, the law does not require states to build “perfect roads”. The states are required to build roads that are “reasonably safe” for highway travel, and, that comply with federal highway standards. However, what is “reasonably safe” or federally “compliant” may include a changing set of circumstances depending on knowledge of the area, of problems regularly encountered by drivers and accident history. No longer are States allowed to merely use the cigarette defense (that little warning on the side of the pack is enough). There is a duty to provide reasonably safe roads, and/or, provide warnings to travelers of any potential dangers. The failure to act in accordance with these standards varies with each location and each accident. Investigation is key here in determining how and why this tragic accident occurred.
At Zachar & Associates, we have investigators who regularly travel to accident sites to conduct these types of investigations. Timing is critical for these people because evidence needs to be collected now, before it disappears. I believe that an immediate and complete investigation is extremely important but it is even more consequential in this case in particular due to the large amount of evidence that will need to be collected and preserved.
We wish all the survivors of this tragedy a full and quick recovery and we send our condolences to all of those who have lost a loved one in this tragic event.
Investigators believe the bus was the only vehicle involved in the crash. Apparently the bus hit a guardrail as it entered the overpass and rolled several times. The bus slid almost 300 feet before finally coming to a stop just a few feet from the edge of the overpass. Police Chief Richard Cox stated that if it had continued a few feet more it would have likely careened off the overpass.
The bus was carrying 36 people, including the driver. Four passengers fell from the overpass to the road below after being ejected from the bus. One passenger fell to the railroad tracks below. A 13-year-old girl and six others were airlifted to hospitals in Fresno and San Francisco. What I can discern from the many news reports, every person on the bus was injured. The scene was “horrific” according to Chief Cox, with people and luggage scattered along the overpass. The work of 16 rescue agencies, five ambulances and seven helicopters is to be lauded for their efforts in tending to the mass tragedy.
What caused the bus to spiral out of control is still under investigation, but one emergency responder said the overpass is notorious for its dangerous crosswinds. A California Highway Patrol Officer also mentioned that the wind was howling from the Northwest at the time of the accident. However, it is still too early to know if this had anything to do with the accident.
The bus company, Orion Pacific, had a clean inspection record on its vehicles and drivers in the past two years. The company received a satisfactory rating, the highest possible, in a comprehensive audit of its vehicles and safety practices in December 2006. The company also has up-to-date insurance with the $5 million coverage the law requires.
I don’t know how far $5 million coverage will go in an accident of this magnitude. What really caused this crash? Was it high winds? Was it driver error?
If driver error, there is little doubt that every penny of the company’s $5 million in coverage will be paid out for the victims and their families. But what if it was high winds? If high winds were known to cause this to be a dangerous area, could anything have been done prior to the accident? We know that we cannot prevent wind, however, are their measure that could have been taken by the State of California to make this area safer? Barriers? Windbreaks? An alternative roadway design or configuration? Perhaps these measures were considered before this crash—perhaps not. If there was knowledge to the State of California that this was a problems area, and if something could have been done, then there may exist liability on the State for failing to do something.
We cannot prevent every accident. In truth, the law does not require states to build “perfect roads”. The states are required to build roads that are “reasonably safe” for highway travel, and, that comply with federal highway standards. However, what is “reasonably safe” or federally “compliant” may include a changing set of circumstances depending on knowledge of the area, of problems regularly encountered by drivers and accident history. No longer are States allowed to merely use the cigarette defense (that little warning on the side of the pack is enough). There is a duty to provide reasonably safe roads, and/or, provide warnings to travelers of any potential dangers. The failure to act in accordance with these standards varies with each location and each accident. Investigation is key here in determining how and why this tragic accident occurred.
At Zachar & Associates, we have investigators who regularly travel to accident sites to conduct these types of investigations. Timing is critical for these people because evidence needs to be collected now, before it disappears. I believe that an immediate and complete investigation is extremely important but it is even more consequential in this case in particular due to the large amount of evidence that will need to be collected and preserved.
We wish all the survivors of this tragedy a full and quick recovery and we send our condolences to all of those who have lost a loved one in this tragic event.
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