Zachar Law Blog

Phoenix Slip And Fall Lawyer: Slips and Falls on the Job

In Arizona, slip and fall attorneys need to be prepared to handle all kinds of claims, no matter where or how they occur. It's crucial for all slip and fall attorneys in Arizona to understand that the location of a victim's fall can be as important as how the fall occurred, and nowhere is this fact more obvious than in falls at work.

Although Arizona personal injury law applies to almost every kind of bodily injury imaginable, Arizona personal injury law doesn't always apply to accidents that happen at work. In many cases, someone who is injured on the job will be entitled to certain worker's compensation ("WC") benefits. These benefits generally cover two categories of compensation: (1) payment for medical care and (2) lost wage reimbursement. However, sometimes Arizona tort law will apply, for example when the fall was the result of the negligence of another company's employee. It is possible that an injured worker may have both a worker's compensation and a personal injury claim. An expert Arizona slip and fall attorney can assist you in wading through the legal minefield that exists regarding these types of claims.

Arizona personal injury law generally provides two (2) years for a victim to make a claim arising out of an injury-accident.  However, if the injury is work related, this time limit may be shortened to as little as one (1) year, depending on various factors.  Your lawyer will need to do some research into your case to determine how to proceed, so it is important to contact an experienced Arizona slip and fall attorney quickly so that they will have time to do the necessary preliminary investigation.

If your attorney determines that the provisions of Arizona tort law do not apply to your workplace fall, you will probably be limited to WC benefits.  Worker's compensation insurance will generally cover the medical care that is "reasonably necessary" to treat your injuries.  If you are out of work, you are entitled to a percentage of your pre-injury salary.  If you are permanently disabled, the law spells out specific sums to be awarded for many types of injury, and a catch-all provision for injuries not specified.

It is crucial to understand that workplace falls and WC laws are very particularized and distinct from other claims in Arizona.  It is important to have the guidance of an Arizona slip and fall attorney with extensive experience in workplace accidents to ensure that you get the compensation you deserve. To speak with an experienced attorney who specializes in workplace falls, call Zachar Law Firm at (602) 494-4800 or visit Phoenix Personal Injury Lawyer, Chris Zachar Online Now.

Additional Resources

For more information on this and other topics, please be sure to visit us online at http://www.ZacharAssociates.com. Or you may also visit our blog at http://www.ZacharLawBlog.com

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Pedestrian Safety: Do You Know?

Phoenix 8th deadliest for pedestrians

A woman pushing a baby stroller with a 4-year-old girl across a busy Scottsdale intersection speeds up her step when the light turns green and she still is in the crosswalk.  At the same time, a sport-utility vehicle driver, whose view is partially obscured by a large-profile vehicle, accelerates at the exact moment the mother and child entered the SUV's path, police said.  The SUV slams over over the stroller and child.  Remarkably and thankfully, the child was not seriously injured.

Others having encountered this same dangerous situation have not been so lucky.  A national study has ranked the metro Phoenix area, including Phoenix and Scottsdale, as the eighth deadliest area for pedestrians.

How big is the problem?

In 2008, 4,378 pedestrians were killed in traffic crashes in the United States, and another 69,000 pedestrians were injured. This averages one crash-related pedestrian death every 2 hours, and a pedestrian injury every 8 minutes. ¹ Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.²

Who is most at risk?

• Older adults
  Pedestrians ages 65 and older accounted for 18% of all pedestrian deaths and an estimated 10% of all pedestrians injured in 2008. ¹
• Children
  In 2008, one in every five children between the ages of 5 and 9 killed in traffic crashes was a pedestrian. ¹
• Drivers and pedestrians who are alcohol-impaired
  Alcohol-impairment—either for the driver or for the pedestrian—was reported in 48 percent of the traffic crashes that resulted in pedestrian death. Of the pedestrians involved, 36 percent had a blood alcohol concentration (BAC) above the illegal limit of .08 grams per deciliter (g/dL) or higher. ¹

Additionally, higher vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the severity of injury.³ In addition, most pedestrian and bicyclist deaths occur in urban areas, non-intersection locations, and at night. ¹

How can pedestrians help prevent injuries and death from motor vehicle crashes?

• Pedestrians should be especially careful at intersections, where drivers may fail to yield the right-of-way to pedestrians while turning onto another street. ¹
• Pedestrians should increase their visibility at night by carrying a flashlight when walking and by wearing retro-reflective clothing. ¹
• Whenever possible, pedestrians should cross the street at a designated crosswalk.  It is much safer to walk on a sidewalk, but if pedestrians must walk in the street, they should walk facing traffic. ¹

These statistics are enlightening, but what do they mean to you?

Typically, although interesting to us, when we receive this information it is garbage in, garbage out.  Of course, that doesn’t mean that it is not important.  It simply means that—unless we are personally affected by something, it is someone else’s problem.  This is normal.  We want to protect ourselves and we want to protect our family, and unless imminently affected, unless it immediately threatens our loved ones, it remains out of sight, out of mind.  But really, should it?  Isn’t that why these things occur?

I tell my children at least once per week, when a car and a person get in an accident, the car always wins.  Period.  There are no exceptions.  The pedestrian always loses.    What lesson can we learn from this?

The chief lesson is, as a pedestrian, near or in roadways, WE need to be more careful.  WE need to be more observant.  WE need to be more diligent.  WE need to take that extra little bit of caution in and near roadways.  Does that mean if an accident occurs, the driver had no fault?  Absolutely not.  This discussion is not about “fault”.  This discussion is about who suffers the most in a car pedestrian accident, and without fail, it is the pedestrian.  “Fault” does not help you feel any better while you are lying in a hospital bed for weeks or months.  It does not make your pain go away.  It does not replace the anesthesia in a surgery that you require to reset a badly broken leg, and surely, it does you know good at all if your injuries prove fatal.  Fault is not a cure.  Fault is only a means of much later assessing blame, and I promise you, it is no consolation when your injuries are permanent. 

YOU have to be more vigilant around roadways and cars.  YOU have to make your children understand this.  If YOU are crossing a street, YOU have to remain more leery and observant than the safest of drivers that you might imagine exist.  Think.  Watch.  See.  Anticipate.  Use caution.  Be carful.

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

FREE Ebook: The Consumer’s Guide For Injured Victims

Practical advice you can use right now to recover the money you deserve without problem, hassle or delay.

The Phoenix Personal Injury Lawyer, Chris Zachar at Zachar Law Firm has researched for years on how to provide the best guide to provide to the consumer when it comes to injured victims. With years of experience as a trial lawyer, Mr. Zachar has been able to compile a guide that not only will help you if you are a injured victim, but it will also give you the answers to many of the questions that are out in the world today.

The 15 page guide provides you with the following.

- Secrets to getting a fair settlement for your injuries

- Common misconceptions about injury cases

- When you need a Lawyer and when you don’t

- Tough questions to ask before you a hire a lawyer

These are only a few topics that are covered in the guide itself, and with even more content in it you have the ability to recover the money you deserve without all of the hassles.

Download the free guide now and as always be safe! – Download Here

You can  download the PDF to your computer and print it out. If you have trouble viewing this PDF, download the Adobe Reader.

Parents urged to help deter child bike accidents

All Joshua Hamlin wanted to do was ride his bike across the street to say hi to his buddy before dinnertime.  The 9-year-old's simple idea almost turned fatal when he was hit by a Ford Explorer, flew 45 feet off his bicycle and was knocked unconscious.

"It was just like any other day. He got home from school, came inside, ate really fast and said 'Mom, I'm going down to my friend's house,' and off he went," said his sister, Shania, 15.

Joshua survived his accident, but he suffered broken bones, internal bleeding and a brain injury. Today, the Apache Junction boy still has scratches, scars and some memory loss.  He was not wearing a helmet. He said it was too big for him and he didn't like the way it drooped over his eyes.

As children return to school this month, local hospital officials and bike-safety advocates are renewing warnings for parents to keep their children safe from bicycle accidents.  Since December 2009, 81 cases of child bicycle accidents have been reported at three Valley hospitals: Maricopa Medical Center, St. Joseph's Hospital and Medical Center and Cardon Children's Medical Center.  In the past two years, 35 auto-bicycle accidents involving children were reported at Maricopa Medical Center alone. Officials say it is a constant flow of children at the hospitals, with at least one child with a bicycle injury every month at each of the three.  Valley hospital officials say bike injuries among youngsters have tended to peak between 3 and 7 p.m., essentially during the hours when children are coming home from school and playing before dinner.

As recently as last week, a 7-year-old Flagstaff boy was fatally injured, police said, when his bicycle was struck by a car just before 6 p.m. He, too, wasn't wearing a helmet. 

Many busy drivers are on the streets during those hours, coming home from work, picking up kids at school or running errands, adding to the dangers for pedestrians and bicyclists.  Bike-safety advocates want parents, drivers and children to be aware of the rules of the road. And since there is no statewide helmet law, they want parents to take responsibility for their children wearing helmets - whether the youngsters want to wear one or not - to reduce traumatic head injuries.

"Bones heal. They often are stronger than they were before they were broken. The brain itself does not regenerate. You can't replace it or fix it," said Dr. Javier Cardenas, a program director at Barrow Neurological Institute at St. Joseph's.  Doctors and advocates say wearing a helmet is the golden rule for bike safety. It reduces the risk of brain injuries, which can have lifelong effects, Cardenas said, adding that brain injury is the No. 1 cause of death and disability among children.

Another way to improve bike safety is for parents and children to review and practice bike-safety rules, things like using turn signals and watching for traffic before crossing the road, said Brian Fellows, coordinator for the Safe Routes to School program at the Arizona Department of Transportation.

Kevin Butler, a Chandler parent, has instilled bike-safety rules in his 11-year-old daughter, Amber, since she learned to ride. Butler understands the importance. Twice as a child, he was in bicycle accidents.  Amber bikes to and from school every day. Her dad says it is important to go over the "basic stuff":

- Ride on the right side of the road.

- Never assume the car sees you.

- Don't ride at night.

"We brainwashed her early: You're not getting on this thing without a helmet," Butler said. "She's adamant about wearing a helmet (now)."

Parents also can identify a route or an area where their children often play and can help their children become comfortable biking in that area, learning how to react to various risks and situations that may occur there, Fellows said.  "You have to have a license to drive a car. You really need to know the rules of the road when you're riding a bike, too," he said.  Free educational programs and events are available at schools, local YMCAs and Boys & Girls Clubs, and many of them offer free helmets, Fellows said.

Tracey Fejt, injury-prevention coordinator at Cardon Children's Medical Center, holds outreach programs on bike safety throughout the year. She stresses to parents that there are many distracted drivers on the road and that young bicyclists need to be careful.  "They think the street is a playground, and some parents encourage that now and let their kids play on the street," Fejt said. "We need to remember that the street is extremely dangerous. It was never meant as a playground."  Bike-safety advocates also recommend against children biking alone, especially if they are younger than 10. Joshua and his friends figured that out on their own. They developed a buddy system to accompany each other when they cross the street. 

Now, Joshua has two new helmets that fit his head perfectly. He and his parents have reviewed the rules of the road several times since the accident.  One of Joshua's ideas for keeping himself safe on the streets was to wrap himself in bubble wrap. But his mother, Laurie, had a better idea: Always wear a helmet.

"I thought about putting it on him even when he's not riding his bike," Laurie said. "They will forever hear from me, even 50 years from now: 'Wear your helmet.' "

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

New signs mark reverse lanes, left turns allowed at 7th Ave. & Camelback

PHOENIX – Drivers confused by the reverse lanes on Seventh Avenue and Seventh Street in Central Phoenix now have new signs to help them out.

Over the past several day, six work crews have installed more than 400 new signs along Seventh Avenue and Seventh Street, wrapping up over the weekend. Those new signs are meant to clarify how the lanes work.

The reverse lanes run from McDowell Road to Northern Avenue on Seventh Avenue, and McDowell Road to Dunlap Avenue on Seventh Street. During rush hour, the middle lane, which is usually a traditional two-way left-turn lane, opens to through traffic.

Monday-Friday between 6 a.m. and 9 a.m., the traffic flows south toward downtown; between 4 p.m. and 6 p.m., it flows north.

During reverse-lane hours, left turns are not permitted at the major intersections.

There is now one exception to that at Seventh Avenue and Camelback Road. A new left-arrow signal and a new yellow sign are in place at that one intersection to alert drivers to the change. That yellow sign is flanked by orange flags to catch drivers’ attention. Those flags will remain in place for 30 days.

Only drivers headed in the direction of the reverse lane – south in the morning and north in the evening – will be able to make left turns from Seventh Avenue to Camelback Road. At this point, that is the only intersection where left turns are allowed. The city will be keeping a close eye on that intersection to see how allowing left turns there affects traffic and safety.

Depending on how well it works, left turns could be allowed at more major intersections in the future. That, however, has not been determined.

The reverse lanes, dubbed "suicide lanes," have been a contentious issue since they were introduced in 1979. The goal at the time -- years before the building of State Route 51 -- was to ease traffic into and out of downtown Phoenix.

“One of the things we kept hearing again and again is that the signs are confusing or people didn’t know when the reverse lanes are in effect,” said Kerry Wilcoxon, a traffic engineer for the city of Phoenix. "The new signs ... are depicting the same rules that have been in place for 30 years. The only difference is these signs are a little more symbolic.

"The old signs ... were pure wording. They were getting the same message across, but unfortunately, people don't do as well with wording signs as opposed to symbolized signs."

The new reverse-lane signs feature large universal traffic symbols and are designed to be easy to understand. A large red X marks the times when the reverse lanes cannot be used in a particular direction.

You can expect an increased police presence along the reverse lanes while drivers get used to the new signage and the new left-turn signal at Seventh Avenue and Camelback Road.

The new signage is only the first part of the project.

By next spring, there will be flashing beacons to indicate when the reverse lanes are in effect.

For the past several years, the City Council has debated whether to get rid of the lanes. While North Valley commuters heading into downtown like the reverse lanes, businesses and those who live along Seventh Avenue and Seventh Street are not fans. They say the limits on left turns keep people from patronizing businesses and create dangerous cut-through traffic in residential areas. Residents of affected neighborhood have been demanding that the lanes be removed for more than 20 years.

In an effort to make things safer and clearer, the council decided last December to install the new signs and the left-turn new signal at Seventh Avenue and Camelback Road.

The authorized budget for the entire project is about $6.8 million.

According to the Street Transportation Department's project update the first week of August, the estimated expenditures prior to the installation of the signs and the flashing beacons were less than $100,000 or about 1 percent of that budget.

The installation of the new signs and the addition of the lights and beacons are the most expensive elements of the reverse-lane project and are thus the two largest items in the budget. In fact, those two items together actually account for about $6.56 million or more than 96 percent of the money set aside for this venture.

The final numbers will be put together next year once the entire project is complete.

For more information on reverse lanes, visit www.phoenix.gov/streets or call 602-262-6284.

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

Most Car Seats Contain Potentially Hazardous Chemicals

You buy a car seat to keep your child as safe as possible in the event of a crash, but could you be exposing your child to possibly dangerous chemicals ever time you strap them in?

A new report from Healthystuff.org, a project of the Michigan-based non-profit Ecology Center, looked at more than 150 car seats to determine the presence of flame-retardant chemicals, including bromine, chlorine, lead and other substances that have been linked to learning disabilities or developmental issues.

The seats that fared worst in the study were the Recaro Pro Booster in Blue Opal, the Britax Marathon 70 in Jet Set, and the Recaro ProSPORT Toddler in Misty.

The best? The Graco Turbo Booster in Anders was the only seat tested that did not contain any chlorine, bromine or any of the nine metals tested. The Graco SnugRide 35 in Laguna Bay, the Chicco Keyfit 30 in Limonata, the Combi Shuttle 33 in Cranberry Noche, and the Graco SnugRide 35in Flint also fared well, testing for fewer chemicals that other seats on the market.

The researchers stress that parents should continue to use their car seat, even if it’s one of the models on the worst list, since the jury’s still out about how much exposure leads to problems, while it's a proven fact that car seats save lives. However, for parents-to-be making their first car seat purchase (or for parents transitioning their child into the next seat), this list may factor into your decision. 

As more data pours in, we will continue to monitor the safety of these child protective devices.  Chemical-induced injuries and damages are extremely difficult to prove, and anyway, you simply want what is best for your child.  If this information helps, then it has served its purpose

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

August is Back To School Safety Month

With summer ending and the start of school just around the corner, drivers need to do their part to keep kids safe as they walk and bike to school. Whether you are taking your kids to school or just driving through a school zone, you can do your part to keep kids safe.

August is designated as “Back-to-School Safety Month”, and we want to remind motorists to be extra careful at all times.

Follow the tips below to make sure you keep your children safe while walking and biking to school

Top Back to School Safety Tips

Here are some simple reminders for drivers:

• Slow down and be especially alert in the residential neighborhoods and school zones

• Take extra time to look for kids at intersections, on medians and on curbs

• Enter and exit driveways and alleys slowly and carefully

• Watch for children on and near the road in the morning and after school hours

• Reduce any distractions inside your car so you can concentrate on the road and your surroundings. Put down your phone and don’t talk or text while driving

Reminder for your kids:

• They should cross the street with an adult until they are at least 10 years old

• Cross the street at corners, using traffic signals and crosswalks

• Never run out into the streets or cross in between parked cars
• Teach your kids that when accidents occur, the car always wins!
• Make sure they always walk in front of the bus where the driver can see them

 

REMEMBER, THE BEST ACCIDENT IS THE ONE THAT NEVER HAPPENS!  BE SAFE!

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

Motorcyclist dies in helmet protest

A non-helmeted motorcyclist participating in a ride to protest mandatory helmet laws was killed when he was thrown over the handlebars in Onondaga, New York. 

Philip A. Contos, 55, of Parish, New York, was on a ride organized by the Onondaga chapter of American Bikers Aimed Towards Education (ABATE), state police said Sunday.  Contos hit his brakes, began fishtailing and lost control of his 1983 Harley Davidson. He shot over the handlebars, hit his head on the pavement and was taken to Upstate University Hospital in Syracuse, New York, where he was pronounced dead.

State police say evidence at the scene plus information from the attending medical expert indicated Contos would have survived had he been wearing a helmet as required by state law.  Asked about the apparent irony of Contos' death, the statewide president of ABATE, Thomas Alton, said, "We are riding at an increased risk and accept that. ... This individual was a seasoned rider, not a newbie. He made an adult decision. A full decision to ride in the manner he rode in."

Another New Yorker who has been a motorcyclist for over 50 years, Joseph Costantini, said, "I would never ride without a helmet -- even in a state that says you don't have to. I understand where the protesters are coming, but ultimately it's a matter of choice. For me, I would wear a helmet no matter what. ... Must feel great to ride without a helmet because sometimes it's uncomfortable. ... I'm sure his family isn't going to be happy."

Motorcycle helmet use dropped from 67% in 2009 to 54% in 2010, according to a press release issued by the Governors Highway Safety Association.

Annual motorcycle deaths have more than doubled since the late 1990s with 5,290 in 2008, based on a report issued by the National Highway Traffic Safety Administration.  The main cause of the majority of these deaths are due to head injuries. 

"This is another sad and tragic example where we have lost someone due to the lack of wearing a helmet," said Jonathan Adkins, communications director for the association.  According to Alton, a large percentage of motorcycle fatalities are due to inexperience and drivers not seeing motorcyclists when switching lanes or making turns.

ABATE of NY Inc. is organizing a memorial "to honor an individual who rode for freedom and risked his all for freedom," he said. A formal date is still to be determined.

When this writer purchased his first motorcycle, the veteran rider who sold it to him gave him some wise advise:

          1.  Always wear a helmet.  The type you wear depends upon you, and how much you value your head.  If you have a $20 head, but a $20 helmet.  If you consider your brain more valuable than that, think bigger. 

          2.  Ride like you are invisible, because to most motorists, you are.  You have to look out for them, and bet that they are not looking out for you. 

          3.  Ride to live and live to ride man!!!!!!

 

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

Phoenix Dog Bite Lawyer: Dog Bite Prevention

4.5 million Americans are bitten by dogs each year, and one in five dog bites results in injuries that require medical attention. There are ways to make dog bites less likely and to help prevent children from being bitten by dogs.

How big is the problem?

• About 4.5 million people are bitten by dogs each year.
• Almost one in five of those who are bitten, a total of 885,000, require medical attention for their injuries.
• In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.

 

Who is most at risk?

• Children: Among children, the rate of dog bite–related injuries is highest for those ages 5 to 9 years, and children are more likely than adults to receive medical attention for dog bites than adults. Recent research shows that the rate of dog–bite related injuries among children seems to be decreasing.
• Adult Males: Among adults, males are more likely than females to be bitten.
• People with dogs in their homes: Among children and adults, having a dog in the household is associated with a higher incidence of dog bites. As the number of dogs in the home increases, so does the incidence of dog bites. Adults with two or more dogs in the household are five times more likely to be bitten than those living without dogs at home.

How can dog bites be prevented?

Dog bites are a preventable public health problem, and adults and children can learn to reduce their chances of being bitten.

Before you bring a dog into your household:

• Consult with a professional (e.g., veterinarian, animal behaviorist, or responsible breeder) to learn what breeds of dogs are the best fit for your household.
• Dogs with histories of aggression are not suitable for households with children.
• Be sensitive to cues that a child is fearful or apprehensive about a dog. If a child seems frightened by dogs, wait before bringing a dog into your household.
• Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a household with an infant or toddler.

If you decide to bring a dog into your home:

• Spay/neuter your dog (this often reduces aggressive tendencies).
• Never leave infants or young children alone with a dog.
• Don’t play aggressive games with your dog (e.g., wrestling).
• Properly socialize and train any dog entering your household. Teach the dog submissive behaviors (e.g., rolling over to expose the abdomen and giving up food without growling).
• Immediately seek professional advice (e.g., from veterinarians, animal behaviorists, or responsible breeders) if the dog develops aggressive or undesirable behaviors.

If you are bitten by another’s dog, do you have a legal rights to seek payment of your medical bills, or seek compensation for your injuries, pain and suffering, scarring, etc…?  

In Arizona, there are two (2) types of claims that can be brought when another’s dog bites and injuries.

The first and most typical claim is a “strict liability” claim.  Essentially, when you are bitten and injured, under Arizona law, the dog’s owner is liable to you.  Period.  There only two (2) possible defenses:  Trespassing and provocation.  Absent either of these, the dog owner is liable. (Note:  The statute of limitations for strict liability is one (1) year.)

The other claim is one for negligence.  This much harder to prove, as you have to show that the dog at issue had a bite history, or for whatever reason, the owner knew or should have known that the dog might bite, and failed to prevent it.  The statute of limitations in Arizona for a dog bite claim based upon a negligence theory is two (2) years. 

Dogs truly are a man’s best friend, until, I guess, they are not.  Pay heed to the tips and rules listed here.  Enjoy your pooch, but be wary of that dog you do not know. 

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

PRISON BREAK: IT NEVER SHOULD HAVE HAPPENED

 

On July 30, 2010, three inmates in custody of the State of Arizona Department of Corrections and a private prison contractor, Management & Training Corporation (hereinafter “MTC”), escaped from the Arizona State Prison in Kingman, Arizona.  Due to extensive and egregious security errors, caused by a lack of supervision, a lack of proper policy, a lack of proper security and/or failed policies and procedures, the inmates completely avoided detection by prison security, escaped, and eluded captors for several weeks.  During the period of time they remained outside captivity, two of the inmates kidnapped and brutally murdered a couple traveling in New Mexico, Gary and Linda Haas.

August 2, 2010, marks the anniversary of the deaths of Gary and Linda Haas. The lives of the family of Gary and Linda Haas have been torn apart by this horrific tragedy. Vivian Haas, Gary’s mother, was devastated.  Cathy Byus, the couple’s only child, continues to grieve the loss of both of her parents, who were in the prime of their lives and anxiously awaiting the birth of their first grandchild at the time of their murders. James Byus, who was born on December 1, 2010, will never know his grandparents except through photographs. Linda is also survived by her mother, Lovie Perkins.  The family’s lawsuit alleges that the reckless indifference and negligence of MTC and the State of Arizona robbed them of their joyful lives together. The litigation is ongoing. 

On September 1, 2010, Vivian Hass filed a lawsuit against MTC in Maricopa County Superior Court for the wrongful death of her son, Gary Haas.  As a result of the murder of her son, Vivian forever lost the relationship with her son, as well as the love, care, comfort and companionship of her son, Gary Haas.  Vivian has suffered and will forever suffer emotional damages and grief.  Vivian also has suffered and will continue to suffer financially as a result of the murder of Gary.

On September 2, 2010, Vivian Haas has also served a Notice of Claim on the State of Arizona, The Arizona Department of Corrections and Charles Ryan as Director of the Arizona Department of Corrections.  These entities had non-delegable duties to the people of Arizona and elsewhere, to properly maintain and oversee facilities for the custody and detention of convicted, violent criminals.  The governmental entities breached their duties owed to the citizens of Arizona and elsewhere, by failing to adequately train and monitor the Arizona State Prison Complex in Kingman, AZ.  The direct result was a lax inmate classification system, and a prison complex fraught with failed or broken security policies and procedures.  Through the combination of these errors, the subject inmates’ escape was entirely foreseeable, and the consequence of their actions to avoid detection also foreseeable.  Vivian and Cathy continue to pay for these errors, the cost being the life of Gary Haas. 

Court documents show that numerous other deficiencies were also identified by the State in a series of investigations that occurred after the escape. MTC is now looking to expand its operations in Arizona by adding additional private prison beds. The families of Gary and Linda Haas have filed lawsuits in Maricopa County Superior Court in Phoenix, Arizona to seek justice against MTC and the State of Arizona for the wrongful and totally preventable deaths of their loved ones.    

For more information on this case and tragic deaths of Gary and Linda Haas, please visit us online.

For other updates and information, please visit us at www.ZacharLawFirm.com, Or find us on Twitter @ZacharLaw and On Facebook at ZacharLawFirm