Philadelphia Injury Attorney Blog

I was driving out of my driveway the other morning when gusts of winds caused tree parts and branches to come falling down and I narrowly avoided one while driving down the roadway in my car. Many times when high winds sweep across an area, signs and other attachments to buildings which are not often properly installed can become loose, fall, and create a catastrophic consequence. Blowing debris is a major cause of damage during strong winds. Over the years, we have represented several clients who were injured due to flying roof shingles, construction site debris, and even a sign which blew off its hinge.

In one of our significant cases, the owner of a property had a “sick” tree on his premises which blew over and crushed a lady due to high wind. We were able to establish that the owner of the property knew or should have known that the tree was in a diseased state and should have been properly removed from his property as it possessed a danger of hazard in conditions such as the ones that were presented.

In Pennsylvania, a landowner or property owner must assume responsibility for the care and preservation of his own property and along with the benefits derived from the property, ownership brings certain obligations. If your property is not monitored and cared for properly with regard to safety defects, it can become a latent liability for the owner of the property. Many property owners fail to recognize that part of the legal duty to maintain their premises in a safe and hazard free condition include trees and roofing. It is important to properly inspect the property, as well as the health of trees, to reduce hazardous condition and prevent injuries to innocent passersby.

If you or a loved one has been injured by falling debris, please feel free to contact one of our experienced Philadelphia premises liability lawyers for a free no obligation consultation to fully investigate and examine your rights.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Premises liability

Bookmark:

Recently the National Transportation Safety Board issued a report wrapping up a 16-month investigation into the Metrolink crash concluding that the collision was caused by a train engineer running a red light while text messaging young railroad fans. The report squarely placed the blame on the engineer who was killed in the crash and said all mechanical parts of the train seemed to be working properly and added that the collision could have been avoided had an automated system that stops trains in the event of human error been installed. The Federal Agency also recommended that all commuter rail lines in the nation install cameras to monitor train operators. Causing more alarm to this writer is the fact that the reckless behavior of the driver had pre-existed this event and was he not terminated. Metrolink knew that the driver had engaged in this kind of behavior previously, yet he had not been disciplined or fired.

It is truly tragic and extraordinary that 25 families lost loved ones and all of the injured had to tragically suffer as a result of behavior that was reckless and pre-existed the event despite no termination.

The report also noted that the conductor of the train had likely used marijuana within three to eleven hours of the crash but the report did not find this to be a contributory cause of the accident. Years ago, the NTSB made recommendations for the FRA and others to require positive train controls and ban the use of cell phones but little or no action was taken.

If you or a loved one has been involved in an accident involving a common carrier or railroad, please feel free to contact one of our outspoken common carrier and train accident attorneys for a free no obligation consultation.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Train Accidents

Bookmark:

The City of Philadelphia stepped to the plate and temporarily shut down two center city restaurants and a high rise apartment building on Monday, February 1, 2010 due to high levels of an odorless but deadly gas known as carbon monoxide. According to the Philadelphia Inquirer, the restaurants Capital Grille and Olive Garden will be closed for three to four days due to the fact that Philadelphia inspectors found carbon monoxide readings as high as 3,800 ppm in one of the eateries. Levels of carbon monoxide above 70 ppm can cause headache, fatigue and nausea and a sustained carbon monoxide concentrations above 150 to 200 ppm disorientation, unconsciousness and even death are possible according to the United States Consumer Product Safety Commission.

At the Philadelphia premises liability law firm of Reiff and Bily, we have learned of many tragic situations involving failure of carbon monoxide monitors and death and illness of unsuspecting victims. If you have been exposed to carbon monoxide, it is important to get proper and prompt medical attention. It is also very important to retain the services of a trained professional to determine the source of the carbon monoxide and have it repaired as soon as possible before returning to the premises.

Carbon monoxide is the leading cause of accidental poisoning death in the United States and this odorless, tasteless and colorless gas is known as the silent killer. If you have been exposed to carbon monoxide poisoning, early symptoms include but are not limited to headaches, nausea and fatigue which are often mistaken for the flu. In one of the cases we were consulted on last year, a number of people were visiting a hotel at the Jersey shore when they claimed they were feeling lethargic, tired and exhibiting flu-like symptoms. Medical examinations revealed that they were suffering from carbon monoxide poisoning due to a faulty heating system and lack of proper ventilation. Some individuals are more susceptible to carbon monoxide poisoning than others namely infants, elderly people and those suffering from anemia, respiratory or heart disease.

If you or a loved one has been injured as a result of carbon monoxide poisoning, the experienced Philadelphia premises liability lawyers of Reiff and Bily can help you. Please feel free to contact us for a free, no obligation evaluation of your claim.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Carbon Monoxide Poisoning , Premises liability

Bookmark:

On August 6, 2006 a motorist was killed when a city owned trailer detached from a truck that was required by law to have a safety chain keeping it in place. In fact, the trailer did not have a safety chain attaching it to the truck. Safety chains are designed to keep trailers attached to trucks even when the hitch comes loose. In this case, the trailer carrying a lawn mower detached from a truck and veered into northbound lanes and struck a GMC and the driver was killed. Notably, the trailer was owned by the City of Macon and should have had a safety chain. According to sources, the City of Macon confidentially settled the case out of court for a substantial amount.

Of course our hearts and prayers go out to the family of Carlos Dorn, age 37, who perished in this tragic and preventable accident. We send our condolences to Mr. Dorn’s family.

The Philadelphia defective truck and trailer law firm of Reiff and Bily is committed to motorist and consumer safety. If you or a loved one has been involved in a defective truck or trailer accident, please feel free to contact one of our attorneys for a free no obligation consultation. We will fully investigate your claim and bring the wrongdoers to justice.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Defective Trailer/Trailer Hitches

Bookmark:

Chrysler and The Office of Defects Investigation of the National Highway Traffic Safety Administration announced that more than 24,000 late model Chrysler and Dodge vehicles are being recalled in order to repair a defective or missing part that could possibly result in unexpected brake failure. The vehicles involved in this recall includes some 2010 models of Chrysler Sebring, Dodge Avenger, Dodge Nitro, Jeep Liberty, Jeep Commander, and Jeep Grand Cherokee. Dodge Ram trucks manufactured in 2009 and 2010 are also included in the recall.

The recall stems from a potentially faulty brake booster rod retaining clip and Chrysler noted that some of the vehicles may have even been built without the clip. The brake booster retaining clip is part of the brake hydraulic system and is essential to brake function as it maintains consistency in performance. Without the clip, as factory workers in Mexico and Toledo witnessed, the brakes could completely lose power. The result would be a full speed accident with catastrophic consequences. The Mexican workers watched as a Dodge Ram heavy duty completely lost its brake power during testing. Workers in Toledo also discovered malformed clips in Nitro and Liberty models being manufactured in their plant.

Chrysler has indicated that it will install or replace the retaining clip free as the safety recall will begin. Consumers can contact the National Highway Safety Administration’s vehicle safety hotline at 888-327-4236 or visit www.safercar.gov for more information.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Defects

Bookmark:

Carbon Monoxide is a deadly gas that often goes undetected in a home. Early symptoms of carbon monoxide poisoning are headaches, nausea, and fatigue and sometimes we mistakenly calculate these symptoms as the flu. Over the years, I have learned of many tragic situations involving the failure of carbon monoxide monitors and the death and illness of the unsuspecting victims. It is extraordinarily important to have a reliable carbon monoxide detector in your home. Make sure that it is installed in the proper area according to the manufacturer’s specifications. A carbon monoxide detector that is put away in a closet will not do you any good.

Last year our office was contacted by a number of guests who vacationed at a seashore hotel where they sustained carbon monoxide poisoning due to a faulty heating system and improper ventilation. Additionally, the carbon monoxide monitors were not working properly.

If you or a loved one has been injured as a result of carbon monoxide poisoning, we can help you. If you have been exposed to carbon monoxide, it is important to get proper and prompt medical attention. It is also important to obtain the services of a trained professional to determine the source of the carbon monoxide and have it repaired as soon as possible before returning to your home. It is important to install a carbon monoxide detector near sleeping areas. There are hundreds if not thousands of fatalities every year from carbon monoxide poisoning and even a small amount of carbon monoxide in your living area can cause you major health issues. It is important to recognize that carbon monoxide detectors often have a limited life span and should be replaced according to the manufacturer’s specifications.

If you believe that someone sustained carbon monoxide poisoning and the carbon monoxide alarm/detector was not operating properly, you should seek the services of an experienced carbon monoxide poisoning attorney specializing in defective products for a full investigation of your claim.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Carbon Monoxide Poisoning

Bookmark:

For the last 30 years, the experienced Philadelphia product liability attorneys of Reiff and Bily have been representing catastrophically injured or deceased clients who sustained their injuries as a result of a defectively designed product. Many times the smart manufacturer will issue a voluntary recall of the product. However, many times many corporations make a cost benefit analysis calculating that it is cheaper to litigate a wrongful death or personal injury claim than to recall an entire batch of product line.

As Americans, we would like to think that manufacturers and companies have a high level of responsibility and will communicate with the American public if there is a problem with a manufactured product. We also assume that products that are sold in the marketplace for personal use are safe and expect the company to be forthcoming if a problem is reported. There is not a week that goes by where we are not aware of a product recall and although some companies such as Johnson & Johnson or McNeil Labs have historically reacted quickly whenever there was need for a recall and have even in some cases overreacted by pulling products when they have not caused a problem.

Continue reading "Manufacturers of Defective Products Owe the Public an Obligation to Communicate a Product Recall According To Experienced Philadelphia Products Liability Lawyers" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Product Liability

Bookmark:

According to news sources, Danielle Leven’s future – and face – may never be the same. According to the Lansdale pit bull dog bite victim, she and a friend went to visit a friend, knocked on the door, and entered the house to yell for her friend who was apparently in the shower. The pit bull dog, according to the victim, “weaseled its head out until the door was wide open and jumped on her and latched onto her face. She claimed that she engaged in a fight, pushing and kicking the dog off and then was taken to Lansdale Hospital. The victim stated “I thought I was going to die. It punctured underneath my chin, its teeth were up into my mouth, I was squirting blood, I thought I was going to lose so much blood that I was not going to make it.”

This unfortunate dog bite victim needed 70 stitches on her chin and inside her mouth and will require several plastic surgeries. Her father Michael Leven noted that when he saw her in the ER, half of her lip was missing and it was horrendous, “a picture that will never go away in my mind”.

According to Lansdale police Sgt. Alex Kromdyk he stated that nothing criminal occurred and noted that one needs to show culpability and negligent reckless knowing or intentional matter for a criminal charge and stated further that there is no culpability here.

As an experienced Philadelphia dog bite lawyer, I have handled many similar cases since 1979 and disagree with Sgt. Kromdyk. I believe that there is a very strong civil case here with potential criminal penalties depending on what a full investigation reveals. In Pennsylvania, depending upon the extent of the injuries and the circumstances surrounding the dog bite, dog bite injury victims are legally entitled to hold a dog’s owner responsible for injuries. If a dog is not on a leash or is not properly secured on the owner’s premises or the dog owner knew that his or her god was prone to violence yet did not take proper safety measures to prevent someone from being bitten, mauled, or killed, the owner can be found financially held liable in Pennsylvania court.

Continue reading "Pit Bull Dog Attack In Pennsylvania Leaves Montgomery County Girl Scarred And In The Hospital – Experienced Philadelphia Dog Bit Lawyer Weighs In" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Dog Bite

Bookmark:

It’s January and the experienced Philadelphia slip and fall lawyers at Reiff and Bily are busy evaluating numerous slip and fall cases that we are presented with each winter. Many times we are contacted by clients who slip on ice that they had not previously noticed and fell, sustaining injuries often of a serious nature. One of the first questions we ask our clients is what did the surface of the ice look like? Was it clear, slippery, and smooth? Or were there hills and ridges?

In Pennsylvania, mere slipperiness is not enough to prove negligence in an icy condition. The plaintiff does not establish a cause of action for negligence if “nothing but the slipperiness” causes the accident. Rather it must be “such an accumulation of ice as to constitute an obstruction to travel or ridges or irregularities of such height or lying at such inclination or angle that it would likely trip passersby and cause them to fall.”

The law recognizes that there is a physical impossibility to always keep sidewalks or premises clear of ice or snow, and therefore under the hills and ridges doctrine to be successful in a slip and fall accident claim, you must establish that a landlord or premises’ owner negligently permits an accumulation of ice or snow remain on the sidewalk for such a period of time that a slippery and dangerous condition exists either by virtue of ridges, hummocks, depressions, or other irregularities.

Where snow is newly fallen and relatively undisturbed and smooth ice or snow causes someone’s injury, the landowner is generally not held liable even if that person is a business visitor to whom the highest duty of care is owed. Liability for a slippery or icy condition is closely tied to the particularities and specific nature of each case and the icy situation. In addition, there is an elaborate set of rules distinguishing private owners and local and state agencies which can lead to very different results depending on who controls the lot, sidewalk or roadway in question.

So, if you or a loved one is injured in a slip and fall accident on an icy or snowy surface, it is best to contact an experienced Philadelphia slip and fall attorney with over 30 years of experience handling slip and fall cases to evaluate your case on a no obligation, no cost basis.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Slip and Fall

Bookmark:

I was just addressing the situation of the unforeseen dangers of bicycling in Philadelphia to a young client in my office when news came across the wires of a 17-year old teenager who was riding his bicycle when he was struck and killed by an elderly Glenolden gentleman on Tuesday, January 19, 2009. A 17-year old Interboro high school student riding his bicycle along South Avenue on Tuesday when he was struck by an eastbound car near the intersection of Chester Pike at approximately 12:27 p.m. He was transported by ambulance to Crozer Chester Medical Center where he succumbed to his injuries. The police are still investigating and no charges have been filed to date.

Our hearts and prayers go out to the family of the victim. The investigation continues as to who had the right of way at the time of the accident. At the present, it is not clear how or why this unfortunate tragedy occurred and who will be held at fault will depend on who had the right of way at the time. However, there may also be a dangerous and defective condition on the roadway which also contributed to or caused the accident and a governmental agency may be responsible for maintaining the roadway who could also be held liable.

The victim and their family would be well advised to consult an experienced Philadelphia bicycle accident attorney to find out more about their rights and options if the driver of the other vehicle is found to be at fault. The bicycle accident victim’s family could seek compensation to recover medical costs, funeral benefits, and other expenses.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Bicycle accidents , Wrongful Death

Bookmark:

The holiday season is over and many of our readers have flocked to the gym and are quick to purchase nutrition supplements, bodybuilding products or over-the-counter weight loss products. In the year 2008, Americans spent $2.7 billion dollars on nutritional supplements, weight loss products, energy bars and muscle mass supplements that make many unsubstantiated promises. The majority of these products go untested by the Food and Drug Administration. Unfortunately there is little or no uniformity or regulation among these products and many times we learn of catastrophic or fatal consequences when it is too late.

As an experienced Pennsylvania product liability attorney who has dealt with some catastrophic side effects of these supplements, I join many doctors and legislatures calling for increased regulation of the fitness supplements.

If you or a loved one has suffered a serious injury or fatality as a result of using a fitness supplement or any other medication, please feel free to contact one of our experienced Pennsylvania product liability lawyers for a free no obligation consultation.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Product Liability

Bookmark:

As an experienced Pennsylvania wrongful death lawyer since 1979, I am still so deeply affected when handling a case involving the loss of a loved one. I often tell my wife and children that each on of these cases takes years off of my life span which is nothing compared to the immeasurable loss sustained by my clients who have lost a loved one.

Obviously the loss of any loved one is life long, never ending, and a life-altering experience. As an attorney, one of our most difficult tasks is to speak deeply and personally about such losses and to enable people who make up juries to understand the tangible value of life while deliberating and to return the largest verdict possible relative to the loss. Although it is noted that we cannot put a “hard” dollar value on life or the value of death, we must ask juries to do just that. In all of the death cases that we have handled, the life of the plaintiff or survivors is changed in just one instant.

Many times there is no time for a proper goodbye, and although wrongful death monetary damages will never bring back the life of a parent or child, as a lawyer our job is to recover the maximum amount of damages for the loss of income earned, medical bills if any, funeral costs, and the mental pain and suffering that accompanies a death. Proving and explaining liabilities and damages in a wrongful death case requires the hiring of numerous experts and sensitivity and requires the surviving clients to have a special and trusting relationship with their attorney.

Continue reading "The Intangibles of Losing a Loved One Require Experienced, Caring, and Aggressive Prosecution in a Wrongful Death Case" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Wrongful Death

Bookmark: