Zachar Law Blog

You Be The Judge

Enjoyment of Life

 

Davidson was involved in an auto accident that was caused by the other driver’s negligence. Davidson suffered injuries that made him unable to work for a year after the accident. He had a wife and family to support, and sued the negligent driver for his loss of wages. Davidson also wanted to include compensation for his loss of enjoyment of life, in not being able to pursue his hobbies of fishing and hunting as well, as often, as before the accident.

Did the Court rule FOR or AGAINST Davidson?

You Be The Judge

 

 
Inadequate Lighting

In Canada, in 1913, Jeff had been working in a particular plant for many years and was very familiar with the building. He worked during the day , but occasionally was asked to come in at night. One such night, he made his way across the warehouse portion of the plant in the dark because no lights had been switched on. As he tried to enter a freight elevator, he fell and was injured because the elevator had not stopped on that floor. Jeff sued the company for damages for inadequate lighting.

Did the court rule FOR or AGAINST Jeff?

Two Children Die in Automobile Accident

Buckle up, buckle up, buckle up!!! For God’s sake (and your family’s sake), buckle up your children!!!!!!

I was horrified when I read about the accident last Saturday morning that took the lives of two children. Our hearts and prayers go out to those injured and surviving loved ones for a full recovery. However, I fear the emotional recovery will last forever.

At 1:40 a.m. Saturday morning, a pickup truck carrying four children was traveling eastbound on Greenway Road when it was struck by a car heading north on 43rd Ave. According to the police, one of the drivers failed to stop at a red light.

Three of the four children in the truck were not properly restrained. Of these three, two are dead and the third is in critical condition. The fourth child, who was not ejected from the vehicle, was the only one properly restrained. The children’s ages were one, two, five, and eight. The driver was uninjured. I do not know whether or not he was wearing a seat belt.

The car traveling the opposite direction was driven by a nineteen-year-old woman and was also carrying a fourteen-year-old girl. The driver is in critical condition and the passenger is stable.

For any of you who continue to believe that seat belts do not help save lives, this accident is horrific yet blatant proof that they do. If you insist on driving without a seat belt, at least err on the side of caution when driving with children and buckle them up. Children cannot make this decision for themselves, without adult guidance and training. As the adult driver, YOU are responsible for the welfare of all children in your car. PLEASE DO NOT IGNORE THIS MESSAGE, PLEASE DO NOT IGNORE ARIZONA LAW, AND PLEASE DO NOT TAKE THIS RESPONSIBILITY LIGHTLY!!!!!!

For those of you who are concerned not only for your own children but for all children, if you are driving and you see a young child riding in a car unrestrained, please call the "Buckle Up, Baby" Hotline at 1-800-505-BABY (2229). This is a service provided by the Governor’s Office of Highway Safety. Please have this information available when you call:

1) The license plate number and state;

2) Where you saw the vehicle; and

3) Where the child was sitting in the vehicle.

　

These injuries and deaths can be prevented. We all need to use forethought and common sense. No one plans to get in a collision, and you cannot foresee when that might happen. It is safe to assume that it will happen at the time you least expect it, so, be prepared. Buckle up at all times!!!!

***If you need an attorney who specializes in Personal Injury and Wrongful Death and who will pursue your case with the same attention he would give his own call (602)494-4800 to speak with me or visit my website at www.ZacharLawFirm.com.

Forgetting to Secure Furniture Could Harm Your Child

A study last May revealed a rise in child injuries due to "falling furniture". What?! What does that mean? How does furniture "fall"? It happens when we forget to secure it to the wall or floor. A study by the U.S. Consumer Product Safety Commission (CPSC) reported that 300 children died between 1990 and 2007 due to injuries caused by falling furniture. This equates to about 17 deaths every year.

The study also reports that over 264,000 children are injured by furniture tip-overs during that time. Why do we forget to secure our furniture when we childproof our homes? Could it be that we just can’t envision an armoire or chest of drawers falling over and killing our child as easily as we could see a child getting in to bleach or some other poison that we use daily?

Being a father of young ones, I know that I am guilty of thinking, "Oh that would never happen". But it does happen, and as a matter of fact it did happen to my daughter. Some years ago, my now ten-year-old daughter stood on top of two dressers in her room that met in a corner, and she fell. Unbelievably she wasn’t hurt because the dressers fell into each other, which kept her from being crushed. Unaware at the time of furniture straps, I altered the dressers so they could not fall forward.

Another time, my two girls were visiting their cousin, who was at the time about three-years-old, and they were all playing in the living room at my in-laws’ home. My sister-in-law came into the room to find that one of the girls had climbed to the top of an entertainment center to retrieve a ball. She was already aware of how unsteady the entertainment center was, but never thought one of the kids would actually climb it. She was so terrified at the thought of what could have happened that she got rid of the piece of furniture immediately.

Does this mean that you have to get rid of every piece of furniture that has a wobbly leg? Of course not. However, if you have young children, I would suggest doing what you can to secure it (i.e. furniture straps), or consider getting rid of furniture that you cannot find any means to secure. There are many instruments available to you today to secure your furniture, so it will be rare that you have to get rid of anything. But remember, every dog has its day, and when a piece of furniture is so old that it cannot be restored to a safe condition anymore, it is time to lay it down.

The CPSC offers the following suggestions for any home or care setting that has children:

- Verify that all furniture is stable.

- When putting items in cabinets, dressers etc. place heavier items in bottom drawers or compartments so as to make the furniture bottom-heavy.

- Anchor all entertainment units, TV stands, bookcases, shelving, armoires, bureaus, dressers and the like. Sometimes a furniture manufacturer will provide straps but if they do not you can use after market straps, L-brackets, screws, toggles etc. to secure the piece to the floor or wall.

- Place televisions on sturdy furniture that is appropriate for the size of the television, and push the television as far back as possible on the furniture. Also use any straps or brackets that may have come with the TV to anchor it to the wall or floor.

- Do not put tempting items such as toys and remotes on top of the television. This encourages children to climb, and we all know that children need NO encouragement to climb.

- Try to choose furniture with wide legs or more solid bases and install drawer stops.

If your child is injured by a piece of falling furniture, seek medical attention right away. Sometimes children cannot express their pain or discomfort. If you detect anything is out of the ordinary (fussy or extra tired, etc...), please see a doctor. If your child seems perfectly fine, continue to monitor him or her for the next 24 hours---regardless.

If you have taken every precaution and you cannot seem to secure a piece of furniture, talk to the manufacturer before an accident occurs. It may be that the item has an inherent defect. If the manufacturer is aware of this, and injury occurs, they may be liable. If this is the case it is then time to contact a personal injury attorney.

Here’s hoping that you take the advice set forth above and it prevents any injury like this from ever happening to you or your children. However, please remember, that following the suggestions offered here does not, under any circumstances, guarantee freedom from injury.

You Be The Judge

 

THE CHILDREN TRAP

In 1969 in a Manitoba park not yet open to the public, there was a large water-filled excavation that had been dug by Nelson, who had been hired by the town to work on the construction of the new park. Two children who lived in the town wandered into the unfinished park and decided to go swimming in the water-filled excavation. They drowned, and their parents filed suit against Nelson, claiming that the excavation was an allurement for children and a dangerous trap.

Did the court rule FOR or AGAINST Nelson?

Know Your Attorney - Chris Zachar

I have been an attorney for over 15 years.  In that time I have changed alot, but honestly, my core values have not.  I have always been a person who is engaged by others and interested in “their stories”.  I like to understand where someone comes from and what made them who they are now.  I have always made an effort to carry this interest and concern into my law practice. 

 It is my impression that I cannot treat others this way unless the people whom I work with are of a like mindset.  Accordingly, I choose people to work with me who also exhibit care and concern for the welfare of others.  I truly think the people in our office put the welfare of our clients first.  Empathy for the client and the desire to use our legal system the way it was intended is what drives us.  We have to understand our clients, and all of the ways that they have truly been affected by their circumstances, to understand how we might best help them through the different legal issues that each case brings. 

 We try to create an atmosphere in the office that expresses who we are.  In our opinion, a law firm should be a place where people feel comfortable when they walk in.  They should feel an aura of trust and comfort, that the professionals who will be helping them are bright and caring people, and, that as clients, they are more than a number.   Of course, a law firm has to get business done and the work environment has to be conducive to that, but that doesn’t mean that the office has to be stuffy, uncomfortable or intimidating. 

 Have you ever visited a law firm in one of those twenty story buildings with dozens of attorneys?  How did you feel there?  I imagine if I wasn’t already an attorney and didn’t have tons of experience with these places, that they would be quite intimidating.  How much do those luxury towers cost?  Having an attorney who has to bill so many hours for the firm or produce so many new clients would make me unsure whether or not they had my best interests at heart.  I think I would want some better assurance as to what was most important to the professionals I was hiring—my case, or a view? 

 I do not want to work in an uncomfortable environment nor do I want to intimidate my clients.  The premise for the foundation of my firm, back in January 1996, was to provide professional legal services in the manner that I would want if I were the client.  I am a casual person, and this casualness I believe expresses a better and simpler expression of my work ethic.  I like to employ a “roll up the shirtsleeves” attitude, and get my clients’ work done.  This is the environment I have tried to create in my office.  I want a client to feel at home, and comfortable, when they come in to see me. 

 I want my business to succeed.  I also want to continue loving what I do.  Keeping my clients educated regard their cases and the process is something we take pride in.  Getting the right results for my clients is key, but, as that is not always the case, it is even more important that my clients understand the what, how, and why.  My phone is always beside me, and my email is always turned on.   We try to express this as soon as our clients walk in the door. The office environment that we have created, for our staff and for our clients, is a true picture of who we are:  Honest, hardworking and effective. 

 I truly hope that my past and current clients have a true picture of who we are, when working with the Zachar Law Firm.  This is important to us.  Please keep these factors in mind, should you have a need for a lawyer in the future. Any thoughts or questions, please feel free to contact me personally at czachar@zacharlaw.com.

  

YOU BE THE JUDGE!

A Bad Trail

A northern city decided to provide a toboggan trail for use by its residents.  A trail was marked out and cleared that led down a hill and dropped several feet down a bank onto a frozen lake.  A sign at the top of the trail advised people to "use it at their own risk".  Thereafter, a man who was using the trail injured his back when he dropped down the bank onto the lake.  He sued the city for his injuries.

 

Did the jury find FOR or AGAINST the man?