The shocking deaths last year at the Arizona sweat lodge just outside of Sedona occurred at motivational speaker, James Arthur Ray’s retreat, “Spiritual Warrior.”
Some of the attendees (who paid $9,000.00 each for the 5-day retreat) started collapsing and vomiting during a session. James ridiculed them and pushed them to stay in the 100+ degree lodge. Those three who collapsed, died later. 18 more were hospitalized.
James is now being charged with three counts of manslaughter. In response to those passing out and vomiting, James stated: “it’s a good day to die.”
Sweat lodges are traditionally used by American Indian tribes to cleanse the body and prepare for hunts, ceremonies and other events. The structure used by Spiritual Warrior attendees crudely imitated such a set-up with heated coals, tarps and blankets.
The American Indian ritual is to help restore balance and change people’s attitudes and self-image, according to Joseph Bruchac, author of “The Native American Sweat Lodge: History and Legends.”
Bruchac claims people have died in sweat lodges in the past – sick tribal elders who voluntarily stayed until they died or those who had heart conditions and were in poor health.
The Spiritual Warrior retreat schedule had few details about what to expect, let alone associated risks – one being illness or death. Details, rather, came in a lengthy release of liability, stating: participants may suffer “physical, emotional, financial or other injuries” while hiking or swimming, or during a multi-day personal and spiritual quest in the wilderness without food or water or the sweat lodge.
If you are someone you know has suffered at a retreat or spa in the United States due to negligence or recklessness, they may have a right to recovery. Even if a waiver or release of liability has been signed, there may still be a right to recovery based upon what the releasing individual understood, appreciated and consented to.
However, if you were injured overseas, the ability to sue for personal injury is complicated by determining what law applies. If a U.S.-based company (such as the Westin, Hilton, etc.) hosted a retreat overseas and you were injured, you may have a right to recover within the United States against the hotels and/or the U.S.-based travel booking company.
Regardless, though, when traveling, due to the risks of which laws protect you, you should always read the details of all releases (even if it’s in size 6 point font & 2 pages long!) – ask questions and become fully informed of the risks.
For example – para-sailing in Mexico – most are loosely operated by a couple individuals on the beach collecting cash. No paperwork. No questions. If you were to be injured while para-sailing – due to the negligence of the operator – you would likely have no feasible right to recovery under Mexico’s law. Trying to sue in the United States would prove quite difficult. Furthermore, the operator may not be insured and has little money, except what cash is collected from tourists. Para-sailing operations are vastly different and more safe in the United States – where operators are required to carry insurance.
Therefore, when traveling abroad, it is important that you ask questions about the risks involved, age of the equipment, experience of the instructors/guides, etc. when traveling – and then, and only then, proceed at your own risk.
Copyright © 2010 The Filutowski Law Firm, PLLC. This post is intended for general information purposes only and should not be construed as legal advice or legal opinions on any specific facts or circumstances. An attorney-client relationship is not created or continued by reading this post. If you would like further information regarding the matters discussed herein, you may post a comment. If you need a consultation on a legal matter, contact Alexandra Filutowski.
