Zachar Law Blog

IT’S POOL SEASON IN ARIZONA: TIME FOR EXTRA SAFETY

When the heat is rising the water starts calling all of us, but especially the kids. 

Since the start of the year, there have been 59 water incidents in Maricopa and Pinal counties. Eight of these water incidents turned deadly for children. 

Lori Schmidt with Drowning Prevention Coalition AZ says even the most careful parents can miss a few safety spots. You have to control the access points to the pool starting with any outside gates, you never know when a curious little one will seize a window of opportunity. 

"We always want to make sure the gates are locked but also that it has a good spring so when it's opened it shuts and latches automatically," said Schmidt. 

Water Safety Tips:

- A pool fence is a must and Schmidt points out that you check to make sure the springs are tight so it self-closes. 

- Watch for rust spots along the fence; a motivated child could push the fence down. 

- If you have pets, make sure they don't dig holes that little ones can squeeze under. 

- Keep any large objects that could be used as steps away from both sides of the fence. 

- Even for homes that don't have kids but could have a few young visitors during pool parties, make sure you're not defeating the purpose of safety tools. 

- If you have a pool net or cover, put it on as soon as everyone is out of the pool. 

- Door alarms and heavy, high latches are an excellent safety tool as long as you're not propping the door open for your guests. 

- Don't leave pool toys in the water to entice young children. 

ABC's of water safety:

- Adult supervision. Designate a 'Water Watcher' or hire a lifeguard for parties. The rule of thumb is 1) hands-on kids under four and 2) eyes on older kids;

- Barriers in place;

- Classes so children and adults know how to swim. 

There is little chance, with so many pools in Arizona that we are going to get through the summer without pool accidents, but with attention, supervision, and diligence, perhaps we can eliminate some of these?

Let’s all work together to make 2018 a safe of a pool season as we can.

2 near-drownings in 4 days in the West Valley

A 2-year-old is in unknown condition after a drowning incident in El Mirage.

Another 2-year-old child is in stable condition at a local hospital after nearly drowning in a residential pool at a West Valley home.

Peoria police and fire responded at about 10:30 a.m. Tuesday to a call in the 8600 block of West Bloomfield Road, which is near 87th Avenue and Cactus Road. 

The child's parents had already pulled the 2 year old from the pool, started CPR and noticed the child had labored breathing. 

The child was inside the home, awake and crying when emergency crews arrived, said Capt. Bob Burkland of the Peoria Fire-Medical Department.

They transported the child in stable condition to Thunderbird Hospital.  The pool did not have a fence and it is unknown how the child got outside or how long they were in the water.

The near-drowning is the second incident in less than week in the West Valley.

On Saturday, a 2-year-old boy nearly drowned in a bathtub at an El Mirage home. The boy is on life support at a local hospital, according to El Mirage police.

Authorities do not suspect foul play in that incident, but the investigation is ongoing. 

Emergency crews responded to a total of four drowning calls in February 2014. Two incidents were fatal. All four involved boys ages three and under. And all four happened in a pool.

There have been a total of three water-related incidents in Maricopa and Pinal counties reported so far this year.

Although the warm weather should not be close, it will hit 80+ degrees in the valley this week. 

365 days a year, we have to think of pool safety in Phoenix. 2 seconds is too long.

For more information on water safety and drowning prevention, visit Children's Safety Zone. 

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390 kids drown in US pools each year, report finds.

An average of 390 children drown each year in the United States, most younger than 5, according to two new reports.   "We are talking about 15 preschool classes lost in a pool or spa every year. This is a national health and safety problem that we must work to get fixed," said Inez Tenenbaum, chairman of the U.S. Consumer Product Safety Commission.

Approximately 5,100 pool or spa-related injuries occur each year involving children younger than 15. Some of those injured require life-long medical care, resulting in millions of dollars in medical costs, Tenenbaum said.

The entrapment report also revealed that from 2008 to 2012, there were 39 swimmers caught in drains at the bottom of pools. Two people died as a result of this "circulation entrapment," in which the force of water rushing through the drain traps the swimmer. Three-fourths of those trapped were under 16.

Wasserman Schultz sponsored the Virginia Graeme Baker Pool and Spa Safety Act, which became law in 2007, making it the first federal pool and spa safety law. The law established a federal swimming pool and spa drain cover standard and other safety measures for pools nationwide.

Last year, Florida, Texas and California had the highest number of pool and spa deaths in children up to age 14, according to the U.S. Swimming report.

Organizations such as the Red Cross, YMCA, Abbey's Hope and the Josh Project provide free or low-cost swimming lessons to parents and children nationwide.

"Our overall goal is to reduce the number of child drowning across the country by training children to swim and educating parents on the critical importance of supervising children in and near the water," Wasserman Schultz said.  

The weather is warming up in Arizona.  Please, be careful out there.  Remember, two seconds is too long.

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It's almost pool weather. Here are a few tips to keep everyone safe

The warm weather is on its way back to the Valley. Which means that everyone will soon start getting their pools ready for both the late spring and early summer months to help deal with the 100+ degree weather that we get annually.  Every year we see it on the news, drownings upon drownings all throughout Arizona. Campaigns are always launched to protect children around water, but unfortunately every year we see a spike in water related deaths among children.

We always try to help everyone with tips and advice when it comes to safety to you and your loved ones and pool safety is no different. We’ve compiled a list of ways to make sure you and your loved ones are safe while enjoying the water this summer.

• Don’t ever swim alone.
• Never leave a child alone near water. If you must leave, take your child with you.
• Enroll children over age three in swimming lessons taught by qualified instructors.

In addition to water safety relating to swimming pools, you must be aware of other drowning dangers, especially for children, in and around your home. These include bathtubs, decorative ponds, and even mop buckets. It only takes 2 inches of water and a couple of minutes for a small child to drown.

Carelessness while participating in water sports, including boating accidents, tubing, and piloting personal watercraft, contributes to many drowning deaths in Arizona. Following these water safety tips from the National Safety Council can help prevent such tragedies:

• Always use approved personal flotation devices (life jackets).
• Don't jump or dive into unknown bodies of water.
• Always have a first-aid kit and emergency phone contacts handy.
• Never consume alcohol when operating a boat or other watercraft.

Arizona is a wonderland for outdoor recreation throughout the year. It's also well known for being consistently above the national average for drowning deaths. Water safety is serious business.

Following these few simple rules can keep your outdoor activities fun, and your friends and family safe for many summers to come.

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10 Tips To Keep Your College Student Safe This Spring Break

10 Tips To Keep Your College Student Safe This Spring Break

Spring break is just around the corner and we know that many college students will be found on beaches in the warm and sunny weather venues. With that relaxation being the main priority of most, many tend to forget the simple things to remember in order to keep themselves safe. Below are 10 tips to help you stay safe while on vacation during spring break:

1. Book a hotel in a central location to limit the need to drive. The closer your hotel is to the beach, downtown or other areas where you plan to spend most of your time, the less likely you'll be to get lost or to be involved in a car crash. Avoid unlicensed taxi cabs by asking your hotel, restaurant or club to summon a ride for you, and if in doubt, pass up the car and wait for another one.

2. Avoid going out and/or traveling alone at night. There really is safety in numbers, and you and your friends can watch out for each other. Walking alone or even clubbing alone can make you a vulnerable target to people whose intentions are less than pure. Even a two-minute walk can be dangerous when you're alone at night - especially if you've been drinking.

3. Never go off with a stranger. Spring break can be a great time to meet new people, but that doesn't mean you should leave your group of friends to spend time with people you don't know. Even if your new acquaintances just want to walk down the street, stick to your group or at least bring along someone you know and trust.

4. Limit alcohol consumption to a reasonable level. Overdoing it on alcoholic drinks impairs your judgment, making you more susceptible to accidents and crime. Pace yourself, and avoid drinks with high alcohol content, like shots. Not only is it safer all around, you'll feel a lot better in the morning. If you plan to drink, always designate a sober companion in your group who can make executive decisions about everyone's safety.

5. Buddy System Yes, it sounds a little like summer camp in the third grade. However having an appointed buddy while on spring break is the number one best safety precaution. Especially if you are traveling in a large group, this person should help to make sure you get from place to place and keep tabs on you at clubs and when drinking. This works both ways, so you should keep an eye out for them too.

6. Remember that sun exposure and alcohol don't mix. Spring break often involves lots of time lounging in the sun and in hot tubs, both of which can intensify the effects of alcohol in the body. Take it easy, and remember to slather up with sunscreen with an SPF of at least 15, even when it's cloudy.

7. Use appropriate safety gear for sports and other recreational activities. Whether you're driving a scooter, skateboarding or just riding on a boat, protect yourself with any necessary equipment like helmets, knee pads and life jackets. 

8. Don't Drink and Drive No kidding, but when you’re under the influence in a foreign place, people can make bad decisions. Best bet? Just take a cab.

9. Know what to do in an emergency. It's easy to forget that in foreign nations, the phone number for emergency response is not 9-1-1. A State Department website called Students Abroad provides a list of these numbers along with detailed tips for health emergencies, evacuations, natural disasters, crime victims and assistance to U.S. citizens arrested abroad.

10. If you're traveling abroad, sign up online for the U.S. Department of State's Smart Traveler Enrollment Program (STEP). The STEP program enables the State Department to contact you in case of a family emergency, or to notify you of a crisis near your travel destination. You can also download a Smart Traveler iPhone App that provides additional tips and information.

Remember, staying safe should be the main priority of anyone. Especially those who are going on vacation or just taking a break from the same routine and heading out of town for some recharging time. Be safe everyone and have a great spring break!

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Study shows Insurers like Law Firm "Settlement Mills". Why?

In the article, “Run of the Mill Justice”, Nora Freeman Engstrom of Stanford Law School interviewed lawyers and paralegals at the "settlement mill" law firms,  as well as studying their not-infrequent disciplinary files. What she found would look quite familiar to anybody involved in the securities class-action business: A small group of goal-directed players who engage in repeated rounds of the same game.

Her conclusion is surprising, but logical. Law firm "settlement mills" work because insurance companies like them.  The financial "benefit" to insurance companies in just the incentive they hope for in personal injury cases.

Insurance companies choose to cooperate with settlement mills, in part because settlement mills appear willing to settle the largest claims — which present the highest chance of a catastrophic verdict — at an attractive discount. In addition, settlement mills and insurance companies share two sets of overlapping interests: speed and certainty. Insurers, it appears, cooperate with settlement mills, in even marginal cases, because cooperation is profitable.  It is attractive to insurance companies to pay a settlement mill less than they believe they would have to pay a law firm that is not a settlement mill.  

The article (hat tip to Drug and Device Law for bringing it to my attention) offers a fascinating tour through a little-scrutinized arm of the legal industry in which lawyers with little or no courtroom experience use advertising to draw in unsophisticated clients and process their claims at industrial levels of efficiency. Many of the claims involve “soft-tissue” injuries like neck sprains, which insurance-company research has shown tend to multiply in value when a lawyer is involved. 

The problems arise, and opportunity for insurance companies arise, because settlement mill lawyers have no intention of filing suit---and the insurance companies know it. (Engstrom cites one Louisiana firm that tried four cases in a year and lost all of them, before deciding that was no way to make money in the law.) As she suggests, insurance adjusters know this. So they are more than willing to pay hundreds of questionable soft-tissue claims at $2,500 or $5,000 a pop to insure that the truly dangerous accident case, the kind the right jury might decide was worth substantially more, to an injured person, gets settled along with the rest.  (Of course, the injured person never receives this information.)

Statistics show the trend. From 1992 to 2001 the number of accident suits filed in 17 states representing 53% of the U.S. population fell 14%, while the actual number of accidents rose. Insurance companies tell you that the US is "lawsuit crazy".  these statistics tell quite a different story.  the number of accidents has substantially increased, yet the number of lawsuits has substantially decreased.  Lawsuit crazy?  Hardly.

There are winners and losers in this game, Engstrom writes. The winners are the settlement-mill lawyers, who make nice incomes despite having subpar legal skills.  the insurance companies also win, by paying less on claims to victims represented by settlement mill lawyers.  The losers are the people injured in the accidents, and they never even know it.  they are told that their case is not worth much, that a lawsuit will be expensive and take a long time.  They end up consenting to low settlements "just to go away."  

There are now so many of these mills, whose advertising engulf both TV and radio advertising.  In addition, there are many law firms who know virtually NOTHING about personal injury cases, yet are willing to accept them in the hopes of making quick money.  

How do you know the difference between a good, experienced lawyer and the others?  The simple response:  Ask. Ask the lawyer if he is experienced. Ask what percentage of his practice is devoted to personal injury.  Ask if he files lawsuits and how many he has been involved in.  Ask if he tries cases in court--and how many.  Most importantly, ask if your lawyer is a Certified Specialist in Personal Injury and Wrongful Death.  (Note: Less than 1% of all Arizona attorneys are Certified Specialists.).

It is sometimes difficult to choose the right attorney for your case.  Most importantly, above all else, you should feel comfortable with your attorney. Asking the above questions should help. 

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10 Tips on how to keep your loved ones safe around water this summer

We are half-way through summer now, the heat is very much among us which means that swimming season is in full swing. With swimming; comes dangers that are often talked about but sometimes still overlooked.

This year already, there have been 28 water related deaths with 9 of those being children in a total of 114 water related accidents in Maricopa County alone.

These statistics are not only alarming, but downright scary considering we are only a little past halfway through 2012.

The same principles have always been in place and they are the only way to prevent more accidents from occurring. Watch your children around water. Never leave them unsupervised, not even for a second.

Swimming pool accidents in phoenix, are becoming more and more of a trend, let’s stop these horrific accidents from happening by following a few tips to help keep you and your loved ones safe this summer.

• Never leave a child unattended in the water or pool area for any reason. Don't be distracted by doorbells, phone calls, chores or conversations. If you must leave the pool area, take the child with you, making sure the pool gate latches securely when it closes.

• Always keep your eyes on the child or children. Designate a child watcher, whether you or someone else, when you attend a party or have friends or family over.

• Talk with baby-sitters about pool safety, supervision and drowning prevention.

• Post rules such as "No running," "No pushing," "No dunking" and "Never swim alone." Enforce the rules.

• Don't rely on swimming lessons or "floaties" to protect your children in the water.

• Don't assume that drowning or a drowning incident couldn't happen to you or your family.

• Don't have a false sense of security just because you think your pool area and home are secure. Always watch your children, whether in the house or outside.

• Attend a CPR class. Make sure your baby-sitter knows CPR.

• For the nearest cardiopulmonary resuscitation class, contact your fire department, Red Cross or hospital.

• Encourage your neighbors to follow pool safety guidelines, including keeping their back gates and doors locked, and their pool gates securely closed and latched.

Swimming accidents in Arizona are always a danger each year in the summer, follow these tips and you and your loved ones can have a safe and happy summer while trying to cool off with the climbing temperature.

Stay safe everyone!

Heading out on the road for Spring Break? Know the rules of the road

Are you traveling out of Arizona for Spring Break?

AAA Arizona is urging drivers to know the laws before they head out on the road across the U.S. and Mexico.

For instance, did you know you can be stopped by law enforcement officers in California for 1) holding and talking on a cell phone or 2) for texting while driving?  It is my understanding that this is pretty strictly enforced. 

It's the same in Nevada; if you're going to use a cell phone while driving you must use a hands free device or you will get pulled over.

 

Arizona, however, does not have a law prohibiting cell use by drivers.  (Actually, there is Phoenix City ordinance prohibiting texting while driving, but it is not enforced.)

Heading south for Spring Break? Remember that speed limits in Sonora, Mexico are in kilometers and that if you are arrested for any reason you may be jailed until you can prove your innocence. In Mexico you are assumed guilty until proven innocent. That little thing known as a “tourist visa” you can get when you cross the border?  Get one.  Without it, the State Department may now recognize your rights as an American citizen, and any assistance could be substantially delayed (while you sit in a Mexican jail)

Also, U.S. auto insurance is generally not valid in Mexico, so be sure to pick up a Mexico auto policy before heading over the border.  These can be obtained at the border also.  They are not real expensive, and can be the best money you spend should something happen to you while down there. 

In Texas and New Mexico, seat belts are required for the driver and all passengers.  On that note, seat belts are required throughout AZ, and the driver must ensure that all passengers under the age of 16 are belted no matter where they are sitting in the vehicle. 

AAA has more information on driving laws throughout the U.S. on their website.

I remember my Spring Break travels very well.  Rarely was a better time had than a Spring Break trip with friends.  (And remember, what happens on Spring Break stays on Spring Break.)  Just remember to keep your head, maintain some degree of common sense and be careful.

Also, please be sure to download our Glove box safety card created by Phoenix Personal Injury Lawyer, Chris Zachar. These are instructions on how to stay safe!

HAVE A GREAT AND SAFE SPRING BREAK!!!!

Boy drowns in Phoenix backyard pool

A 2-year-old boy drowned in a backyard pool just before noon last Sunday at a home in the 3200 block of West Cypress near Encanto Boulevard in Phoenix.

Family members were in the house eating brunch about 11:40 a.m., and the child had been unaccounted for for about five minutes. The mother went to the back yard to dispose of trash and saw the child floating on the water. She screamed, and another family member retrieved the boy from the water and began CPR, said Capt. Jorge Enriquez of the Phoenix Fire Department.

Fire rescue crews arrived in about three minutes and raced the unidentified child to a hospital, where he was pronounced dead.

The pool lacked a fence or other barriers, Enriquez said.

Swimming pool accidents, including a child drowning, can happen quickly. When children are involved, they need constant supervision. Younger children tend to suffer injury or drowning in private swimming pools, while older children may be more likely injured in a swimming pool.

Swimming Pool Accidents:  A nice, clear, crisp and cool pool on a hot Phoenix summer day.  Is there anything more inviting, or alluring?  To most, the answer is “no”.  To a small child, the answer is “definitely not”.

However, as happens all too often, for a young child  a fun recreational object becomes a dangerous instrument because of negligence by those in charge.  A small life tragically ends.

Arizona wrongful death attorneys.  Each year, thousands of American families confront swimming pool tragedies.  Whether it be drowning or near-drowning, the fact is that these accidents are wholly preventable.  Fences are a big step in the right direction, but not an absolute.  What is required to avoid swimming pool accidents?  Vigilance?  Attentiveness?  Conscientiousness?   The answer is yes, yes, and YES!  Someone must be responsible for securing the pool area, and for watching the kids.  When a small child dies because of a lack of attention, an experienced Arizona wrongful death attorney can help you know and understand your rights.

When watching over children when a pool at home, the level of attentiveness that is required is high.  In 2007, two toddlers were tragically found dead in the pool in Mesa, Arizona.  Their aunt and uncle, who were supposed to be watching them, found them in the water—WAY TOO LATE.  Losing track of time while watching television, the children somehow found there way into the water. (Trust me—children WILL find a way.)   When children are around water, simple preventative measures are not enough.  Adults in charge of children need to act with the appropriate levels of vigilance, attentiveness, and conscientiousness.  When the party in charge fails to show these appropriate actions—and the unspeakable happens—an experienced Arizona wrongful death attorney can help.

An Arizona wrongful death attorney can explain the complicated Arizona wrongful death laws and advise on who may bring an action, when they may bring an action, and what damages are available.  It is important to hire an Arizona wrongful death attorney who knows and understands these laws and can help you bring your claim.  Their experience will make them a powerful advocate to vindicate your rights while allowing you to move forward with your life after a devastating accident.

Our hearts and prayers go out to those who have been affected by this horrible situation.

 

Pool at School: Swimming Safety Isn't Just for Children

Recently at a Glendale high school, a student tragically drowned at the school's pool during gym class.  The teachers didn't even notice that the student had gone under, and by the time his classmate pulled him from the pool, it was too late.  

Another pool death in Arizona.  But this time, it was not a child in a backyard pool, as often happens.  This was at a supervised, indoor pool with a group of teenagers and adults.

Each year, Arizona families confront swimming pool tragedies.  Whether it be drowning or near-drowning, the fact is that these accidents are wholly preventable.  What is required to avoid swimming pool accidents?  Vigilance?  Attentiveness?  Conscientiousness?   The answer is yes, yes, and YES!  Someone has to be responsible for securing the pool area, and for watching swimmers.  ESPECIALLY when part of a sanctioned--if not required--school activity.  

When someones child or teenager dies because of a lack of attention, an experienced Arizona wrongful death attorney can help you know and understand your rights.  When the party in charge fails to show these appropriate actions, and the unspeakable happens, an experienced Arizona wrongful death attorney can help.

An experienced local wrongful death attorney can explain the complicated Arizona wrongful death laws, such as who may bring an action, when they may bring an action, and what damages are available.  It is important to hire an Arizona wrongful death attorney who knows and understands these laws and can help you bring your claim.  Their experience will make them a powerful advocate to vindicate your rights while allowing you to get on with your personal life. 

Moreover, an Arizona wrongful death attorney will handle all the legal aspects of your case, which allows you to get on with taking care of the important non-legal matters in your life.  Your attorney will quickly ascertain all the relevant facts and will be as behind the scenes as possible while representing you.  Moreover, your Arizona wrongful death attorney will be there for you, and his experience will allow him to answer any questions you may have.  He will be steadfast in bringing your action, negotiating with the insurance company and litigating in trial if necessary. 

The student death in Glendale is as sad as it is preventable, and I hope that is serves as a reminder of how important pool safety is in Arizona, both indoors and out.  

If you have suffered a death that occurred because of the circumstances surrounding a swimming pool, look for experience, look for a proven trial lawyer, find a certified specialist in personal injury law who knows and understands Arizona’s wrongful death laws to help you understand the nature of your claim.  Find a certified specialist at who will you get the answers and recovery you are entitled.