Visit My New Blog at www.ZacharLawBlog.com

I hope all of you who have been reading this have enjoyed what I have written so far and will continue to follow along.  To do so please visit my new blog site at http://www.zacharlawblog.com/.

I started this wondering if I could actually commit to the time and effort that it takes to produce information that I feel is actually relevant and important for people to know, people who are not attorneys. 

I didn't want to spew out whatever thoughts were in my head, because that would be way to random and not at all understandable.  However, I did want to spew thoughts that would help educate people who are not familiar with the legal system and are maybe a little intimidated by attorneys.  I understand some of us can be a little aggressive and confusing.  But would you want an attorney who wasn't aggressive in fighting for your rights?  The confusing part comes from the fact that we have to speak the language of the legal system, as well as English, and that doesn't always translate very easily.

Regardless, I found that I can commit to the time and effort,  it is the creative side of this I wasn't really ready for.  Let's be honest here, attorneys have no lack of words, but putting them forth in a way that is engaging to a lot of people is tricky and takes a talent that not everyone has.  I believe I am coming along and hope that I become more entertaining as my experience with blogging grows.  I hope that you all agree and will continue to grow with me and my new blog at http://www.zacharlawblog.com/.

THE DANGERS (?) OF HALLOWEEN

Have you heard? Halloween is fast approaching! Get ready to be scared! However, make sure that the “frights” occur as a result of seeing your child in a scary costume, as opposed to thinking about all of the dangers your child can face going out on a night that is supposed to be filled with fun.

Halloween used to be fun! It used to be safe! When I was little, my parents didn’t have to worry about the things that parent MUST worry about today. The thought of someone spiking candy with a dangerous object or substance? Unheard of. The thought of a maniac hurting your child? Not even on the radar. The fear of your child being out in the neighborhood by himself? Come on, no problem! Sadly, the times have drastically changed.

Being a personal injury attorney, I have seen a lot of unnecessary injuries. Looking at Halloween with this perspective I see flashing neon lights telling me I am going to get very busy really soon. That is NOT a good thing.

Halloween obviously encourages lots of fun. However, when it comes to personal safety, it also brings with it more hazards than one would encounter on an average day/night. We are bringing together a confluence of elements that really are not meant to be brought together: Lots of excited and anxious children outside, and cars. Children hurrying to get to that next house for the candy rewards which will certainly follow, and drivers trying to get home from work quickly for the night, or trying to get to the Halloween parties for the fun. And, ALL of them wearing costumes that can have no bad affects other than to block or impair vision from one to the other.

Who is to blame when a child gets hurt? Granted, each circumstance must be judged independently, but the adults responsible for the child, and the drivers responsible for their travel, are where the 2 biggest areas on blame lie, in my opinion. If you are a parent, you need to make sure your kids are under control. Trick or treat in a group. Don’t let the kids stray too far ahead—keep the group together. Cross streets in a group, and make sure that the kids are severely admonished BEFORE the fun starts that “no one crosses the street outside of the group”. Make sure all costumes are the right size, and that the child can see out of his/her mask. Wear reflective clothing, and pay attention to traffic in the area. Drivers, be aware that this is Halloween, and there will be LOTS of kids out and about, much more so than any other night of the year! Drive slowly, especially through neighborhoods, and keep an extra lookout for children and others. If you have a costume, leave the hindrances off until you get to the party. Save that grand entrance for another occasion.

There are many other dangers like these that can surface on Halloween, including criminal activity. You should keep your child close and always within sight; make sure your child knows not to talk to strangers except when actually trick-or-treating at the door with you or a group; never to enter a strangers home or get in their car; likewise never invite a stranger into your home or car; stay within your own neighborhood; wait to eat candy until you have inspected it. For a list of other safety tips visit the Police Department (http://www.phoenix.gov/police/halloween_tips.html) website in your city.

Our kids don’t have to miss out on the fun of Halloween, we just have to teach them to be cautious and aware, and we need to remain cautious and aware for them.

Have a safe and happy Halloween!!!!

Halloween Marks an Increase in Child Pedestrian Deaths

Halloween is fast approaching, which surely you hear everyday if you have a young child. Did you know that pedestrian fatalities among children 5 to 14 years increase 400-500% on Halloween, according to the National Highway Traffic Safety Administration (NHTSA)?

There are so many factors involved with this, and we could easily get lost amid all of the information. However, for the purpose of this entry I am going to focus mainly on the things that involve cars and drivers. I am not sure how else to relay this other than just a bullet list, so here you go:

1. DO NOT DRINK AND DRIVE. Duh!!! You should not do this anyway, but especially on a nights when millions of children are out and about, scurrying to get as much candy as possible before they have to go home. Halloween party? Please, make sure you have a designated driver or a place to stay within walking distance if you plan on drinking alcohol.
2. Drive extra slow, because children will be walking in the roadway, on curbs and medians, running across the roads, blinded by their scary masks and poorly illuminated by their dark costumes.
3. WATCH for children darting out from between parked cars or running out from driveways. Indeed, plan on it—and drive as though you anticipate this to occur.
4.  Enter and exit driveways, alleys, parking lots, etc very carefully.

The fact that Halloween is on a Saturday night this year makes it all the more lethal, because partygoers will be on the road at the same time our children will be trick-or-treating. If you are hosting a party, please provide nonalcoholic options for drivers and alternative methods of transportation. If you are attending a party, please take your responsibility to others seriously, and do not allow them to drink and drive.

Next, reminders for what parents can do to help protect their children:

• Adult supervision for all children under the age of 10 and for any older children who may need it.
  
•  Make sure your children are aware of all traffic/pedestrian safety rules. They should know to cross the street at an intersection preferably in a marked crosswalk and to walk on the left side of a roadway facing traffic if there is no sidewalk.
  
• Keep the groups together. Children will be very anxious to get to that next house ahead of friends. Try to maintain control and keep other from running ahead---at least until you are in the driveway or in front of the next house.
  
• Costumes should not be so long that children trip on them.
  
• If possible, use makeup instead of masks. Masks are more likely to obstruct a child’s vision.
  
• Dress in light-colored clothes and using retro-reflective marking on clothes and shoes to provide better visibility to others.
  
•  A flashlight is a good idea, however, make sure your child knows not to distract drivers by shining it into cars.

There are many other safety concerns on Halloween. For brevity, I have included these for this blog article. Look for me to address more concerns before Halloween.

Halloween is supposed to be fun and exciting and it certainly can be if we all show respect and care for each other, as we share the roadways.

Have a safe and fun Halloween!!!

**If you have any questions or comments, please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at http://www.ZacharLawFirm.com .

Sedona Sweat Lodge Tragedy

Thursday night, 2 people died and 19 others were hospitalized after taking part in a sweat lodge ceremony hosted by self-help author and inspirational speaker James Arthur Ray. Ray has hosted the retreat and sweat lodge ceremony at the Angel Valley Retreat Center for seven years, and according to the owner, Amayra Hamilton, there had never been any problems.


The “Spiritual Warrior” retreat was a five-day program about which Ray’s website states “There is no sacrifice—only greater and more magnificent results, wealth, adventure and fulfillment.” The program involved 36 hours of fasting which ended with a breakfast buffet Thursday morning and culminated in the two-hour sweat lodge ceremony at 3 p.m. (A sweat lodge is an enclosed space made to be sauna-like by digging a pit in the center for hot rocks, which water is then poured over. Traditionally the frame was built of willow branches which were then covered with blankets and animal hides. Sweat lodges were traditionally used by Native Americans to cleanse the body and spirit. Apparently, the tradition has also been kept alive and is used rather frequently by the “New Age” community.)

Due to the nature of a sweat lodge, it seems to be common knowledge that there is a certain degree of danger involved in the process. Many people have commented about the number of people that were allowed in this sweat lodge. The consensus seems to be that no more than 12 people are usually involved. The main reason is so that the host can monitor each and every individual’s spiritual and physical process.

At some point during or after this particular ceremony, Kirby Brown and James Shore collapsed into unconsciousness. Someone called 911. Brown and Shore, along with 19 others, were taken to the hospital. Kirby Brown and James Shore were later pronounced dead. Four of the others are still in the hospital, one in critical condition.

I have read many comments from people who are familiar with sweat lodges. In this day and age of responsibility and liability, I truly wonder how Mr. Ray could possibly have been aware of the condition of all 64 people in that sweat lodge? I don’t see how he could unless he had many assistants helping to monitor everyone----I haven’t heard any reports that he did. We do not know exactly how many people were helping Ray to monitor the participants, but regardless, they apparently failed, considering 21 people needed medical assistance.

The Sheriff’s Department is investigating and taking care to determine whether criminal negligence played a role in the deaths. Regardless of whether criminal charges are brought, civil liability certainly seems plausible here. The proprietors of this event have legal responsibilities, called “duties”, to know what they are doing, to know the dangers of what they are doing, to adequately communicate these dangers to their guest and to properly monitor, as needed, for these dangers throughout each careful stage. Obviously, something went very wrong here. We will be watching with great interest the outcome of this one.


**If you have any questions or comments, please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at www.ZacharLawFirm.com .

Get Teens Talking to Help Keep Them Safe on the Road

For those of you who read my blogs you know I have a special interest in keeping kids safe. I have three of my own, one who will be driving in a few years. Accordingly, I was glad to here about AAA Arizona’s teen driving public service announcement contest.

Teens interested in entering the contest must create a 60 second public service announcement, designed to build awareness on the biggest issues facing teen driving behaviors. Topics addressed can include: driving while impaired, distracted driving, aggressive driving, seat belt use, speeding and others.

The contest is only part of a larger campaign initiated by AAA. The campaign was created to encourage teens to talk about driving, therefore, making them aware of the issues and what they can do about them, and finding out how they feel about all of this.

AAA also launched an interactive social website in July. All of you who have teenage drivers should visit the site at www.aaateendriving.com. Make sure to introduce your teen driver to the site as well.

I applaud the AAA and any entity that strives to educate our children in hopes to keep them safer. Considering that 6,000 teens die and 300,000 are injured in the United States every year in car accidents, we can use all the help we can get.

According to police, echoed throughout the driver’s education community, the biggest problem seen in teen drivers is inattention. The only thing that can help with this is experience. Obviously, we can’t do anything to speed up time, but we can do lots of things to help teens get the experience they need behind the wheel. Driver’s education classes are so important----please make sure your teen enrolls and is active in a program. The more time behind the wheel the better, so having your teen get a driver’s permit, and allowing him/her to practice with you in the car before being allowed to get a license is priceless.

I would be happy to never again have to represent an auto accident victim who was injured or worse killed in a car accident that could have been prevented with a little preparation and education.

**If you have any questions or comments please visit my website at www.ZacharLaw.com or email me directly at CZachar@zacharlaw.com.