January 30, 2010 /24-7PressRelease/ -- Sweat Lodge Deaths Highlight Dangers of Inexperienced Spiritual Guides
There's no question something went wrong on that October, 2009 day in Sedona, Arizona -- at the Angel Valley Spiritual Retreat Center, where James A. Ray was leading his Spiritual Warriors retreat. Of the 55 individuals who entered the sweat lodge, 52 survived -- 20 of whom were treated for various heat-induced injuries.
The questions authorities are grappling with include who is responsible, on what legal basis are those parties responsible, is there criminal responsibility, what type of compensation, if any, are the victims or the relatives of the victims entitled to in civil proceedings against those proven to be responsible? Authorities are also more specifically trying to establish exactly what happened and what could have been done to prevent this tragedy. So far, most of the investigation and scrutiny have been on the retreat organizer and group leader -- James A. Ray. This self-made spiritual guru has been accused of negligence consisting of, among other things, providing an unsafe environment for participants and pressuring participants to adhere to a regimen which was dangerous to health and not consistent with generally accepted standards of the industry. Those who were there claim that James Ray sat outside, in the shade, while the 55 participants in his spiritual retreat suffered in hazardous conditions. When those assisting with the ceremony decided enough was enough and attempted to rescue those inside, it was already too late for three.
Prior to the sweat lodge incident, retreat participants had fasted for two straight days and, according to reports, had not hydrated nearly enough to protect their health. Additionally, there was only a single nurse present at the sweat lodge, even though Ray was encouraging hotter temperatures and a larger group than is usual at such ceremonies.
Ray, so far counters overall responsibility for the deaths and other problems which resulted. He states he could not be at fault for the incident, explaining he did not construct the sweat lodge, did not know the dangers it presented and further states he allowed people to come and go as they pleased. He also denies that he considers himself a "spiritual leader" or a "guru" of any kind and he takes offense to any reference to the retreat as a cult activity.
Based upon the investigation so far, however, there are several indications that Ray and his helpers were negligent. His negligence seems to be all the more apparent and inexcusable based on the fact he had previously overseen two other sweat lodge ceremonies in which participants had been injured and required medical attention. This repetitive misconduct could certainly form a basis for allegations of gross negligence and entitle the victims to punitive damages as well as compensatory damages. His past experiences certainly dictated better planning and more, and better-trained, medical personnel than what were present when the deaths occurred.
Those present also claim that Ray encouraged retreat members to remain within the Arizona sweat lodge, saying that they would only feel as if they were dying, but were "not going to die."
There certainly may be potential criminal exposure for Mr. Ray and others in this case as well. Among the questions on prosecutorial review would be -- whether James A. Ray intentionally and/or knowingly inflicted harm upon retreat members -- and whether he was competent to hold such an event in the first place or fraudulently misrepresented his capabilities for his own personal profit. So far, it does not appear that Ray intentionally or knowingly tried to cause the deaths or injuries, but rather he was reckless or negligent. The specific issues the authorities are looking at are:
-Were the participants adequately prepared for what awaited them in the sweat lodge?
-Was Ray's team adequately prepared for a medical emergency that might arise from the sweat lodge?
-Did Ray tell participants he was adequately trained to perform such a ceremony, and if so, was this true?
Such issues seem to be inherent in the realm of self-appointed spiritual leaders.
In short, one cannot attempt to monetarily benefit from the exploitation of spiritual practices of other cultures without taking reasonable precautions to assure the safety of paying participants. A person such as Mr. Ray cannot self-appoint himself as the guru, adapt his own method of spiritual enlightenment and be insulated from the general laws of negligence that apply to such gatherings. The lack of medical personnel present, as well as the apparent disconnect between reality and what Ray saw as spiritual enlightenment bear this out. Ignorance can result in fatalities or severe injuries when foresight and exercise of due care are lacking. In Sedona, Arizona, thus far it appears the evidence shows that it was.
Those considering participation in a spiritual retreat involving intense physical tests of endurance should be satisfied with the benefits they might experience and should ensure that safeguards are in place to protect themselves and other participants. If you or a loved one has been injured while taking part in such an event, or retreat, contact an experienced personal injury attorney to learn about your legal rights and options. Similarly, if you are involved in a group gathering which appears to have been poorly planned and does not assure the good health and safety of its participants, you should check with the proper authorities. If injuries are involved, you should also explore your legal rights and options.
Article provided by THE LAW OFFICES OF WILLIAM D BLACK
Visit us at www.billblacklaw.com
Monday, February 1, 2010
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