Philadelphia Injury Attorney Blog

While the Consumer Protection Safety Commission estimates that the number of serious injuries on amusement park rides continue to increase dramatically, there are serious loopholes in the Consumer Product Safety Act of 1981 which prohibits the CPSC from regulating and enforcing the safety of all rides that are fixed to a specific site. Unfortunately, there is no official source which keeps a complete record of amusement park accidents. As an experienced amusement park accident attorney who has investigated and litigated some of the most horrific amusement park accidents that one can imagine, the one thing that I do understand is there is something fundamentally wrong with the checks and balances and safety protocol of the amusement park safety system as it currently exists in America.

Many times local and state regulators who currently oversee amusement parks lack effective budgets, resources, and technical expertise to carry out effective safety checks and investigate accidents. Our experiences reveal that when we conduct independent unbiased examinations and analysis of an amusement accident, the results are greatly at odds with the opinions of local regulators and authorities.

According to news sources, Lego Land in Florida reported six mishaps involving guests that occurred during its first two and a half months of operation but claim none of the instances appeared to have serious injuries. Believe it or not a Florida statute exempts Lego Land in Florida and many other major theme parks in Florida from regulation by the state bureau even though the attractions are required to submit quarterly incident reports. This exemption applies to theme parks of at least 1,000 employees and their own inspection staff. While many of the parks claim that safety is their number one concern and claim they have a duty to report any serious injuries or major incidents, the obvious question is begged as to what is a “serious incident”.

I have always believed that one must stand for something or you will fall for anything. It is only when a horrific accident involving a catastrophic injury or wrongful death occurs at an amusement park that the victim or the family of the victim feels the true betrayal of an inefficient regulatory system.

Unfortunately, money, power, and greed of the amusement park industry often leads to unnecessary injuries and worse yet death.

As an experienced amusement park and carnival accident attorney, I believe that leaving the power of amusement park regulation to local and state agencies where the amusement park corporation is a major source of economic income to the community is analogous to the “fox guarding the hen house”.

Amusement park safety is priority number one for the amusement park accident lawyers of Reiff and Bily. We believe that everyone deserves a safe amusement park governed by a uniform board of federal and national laws, and that cutting corners and not placing safety first is never an acceptable option.

For over three decades, I have been practicing catastrophic injury and wrongful death law and all too often a catastrophic injury or wrongful death is caused by a clear violation of laws that have minimal if any enforcement guidelines and “teeth”.
Recently the Concordia cruise ship disaster illustrated just how many deaths and catastrophic injuries could be caused in an industry guided by rules that were spottily enforced. Every time an accident happens whether it involves a cruise ship, bus accident, trucking accident, amusement park accident, or product liability claim, authorities and experts are quick to state that the event is a wake-up call that highlights longstanding safety concerns.

In Philadelphia, we continue to have an escalating hit and run car accident crisis due to the fact that there are several well-known loopholes in the laws and yet legislators refuse to take steps to change and enforce codes which should in reality punish violators.

The law firm of Reiff and Bily has handled many amusement park accident cases, and yet the enforcement of these safety regulations is spotty despite the volume of rules and amount of unreported amusement park and water park accidents. Many industries escape regulatory scrutiny and it comes as no shock that catastrophic accidents occur when safety protocols are not followed and enforced. Rules and regulations without enforcement are meaningless and if the rules and regulations provide a mechanism for enforcement, individuals or corporations in positions of power often think (as demonstrated by their action or non-action) that they are above these rules and think that they can escape liability by the use of a creative lawyer or legal system which fails to enforce said rules and regulations. If our system chooses to ignore rules and regulations, it fosters a system where it is easier for individuals and corporations to become and remain corrupt then to remain honest.

I have always believed that laws not enforced cease to be laws, and rights not defended may wither away. I believe that the courtroom with proper legal representation makes equals of all men and that an injured victim must ensure that laws are followed and enforced. While catastrophic injury and personal injury lawyers will continue to be bashed by corporations and insurance companies who continue to delay, deny, and defend rightful claims, I for one understand that enforcement of laws and prosecution of wrongdoers are necessary to protect the public and promote order which is the first requisite of liberty and justice.

For the last three decades, I have successfully represented clients who have been injured in slip and fall accidents or have been harmed by falling merchandise, inadequate security, or other dangerous conditions on the premises of another. In most premise liability cases, there are federal, state, or local government codes that have been adopted in furtherance of promoting safety. Codes are only minimal legal standards and are not always the ultimate statement of what is and what is not safe, and in interpreting a code, one must always be liberal to that interpretation which provides the most protection and safety to the public.

While every jurisdiction has a specific choice and combination of various codes, the defense will almost always strongly argue that all codes were met. We often find that many codes are outdated or when strictly applied to a particular case do not further the goals of safety intended by the drafters. There are many safety and standards organization which maintain websites specifying the safety regulations and rules for such topics as floor safety, illumination of premises, uniform building codes, national building codes, Americans with Disabilities Act, or occupational safety and health. These are non-inclusive, and a cursory review of the regulations and codes reveals typical guidelines encountered in a premise liability or slip and fall legal case. Of course, each and every jurisdiction will have their own choice and combination of various codes to apply to each case, and all premise liability and slip and fall cases are uniquely different.

The experienced Pennsylvania premises liability and slip and fall lawyers of Reiff and Bily initially examine the local codes in the venue where a premise liability or slip and fall accident occurred and understand that these minimal legal standards should not be the absolute basis for consideration in determining what is or what is not safe. However, non-compliance with a code is considered to be grounds for negligence per se claim.

If you or a loved one has been involved in a premise liability or slip and fall accident or injured on the property of another, it pays to contact an experienced slip and fall or premise liability attorney who has decades of experience litigating these types of cases. The skilled Pennsylvania premise liability and slip and fall lawyers of Reiff and Bily have achieved numerous settlements or verdicts for a combined excess of hundreds of millions of dollars since 1979 on behalf of injured plaintiffs. Our skilled premise liability lawyers are members of the Beasley Reiff Law Group whose lawyers have collectively been awarded over two billion dollars since 1957. We always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Several weeks ago, a sweet and innocent 7-year-old girl was tragically burned to death in her Burlington County, New Jersey home as her four siblings attempted to rescue her. Immediate public opinion pointed a finger at the victim’s mother who was not home but had left her 14-year-old daughter in charge of the household to babysit while she had to quickly take care of a pressing family issue.

Posted blogs and public opinion attempted to blame the mother for leaving the children home alone without an adult, claiming that she was irresponsible. What these reports failed to mention was that Mom was a highly responsible individual and that the 14-year-old and other children in charge of the babysitting duties were well trained and that the 14-year-old was in fact was a highly responsible honor student. One can only imagine the emotional scarring and infliction of emotional distress sustained by Mom and the surviving siblings of the 7-year-old. While those who were quick to judge on the blogs claim it was due to matches or accidental fire caused by the children’s negligence, without conclusions to confirm the same, it strikes me that most of the public opinion blog postings were critically unfair, unfounded, judgmental, and prejudicial.

As one can imagine, the grieving mother, age 34, was interrogated by local detectives and those so quick to judge may fail to recognize or care about the real cause of the fire which took this precious young girl’s life.

In fact, the faulty and defective wiring and defective power strip located within the rental household were initially determined to have caused the fire.

Additionally, it is interesting to note that fire officials had to call in a tanker truck due to inadequate water supplies in the neighborhood required for quickly extinguishing the fire.

The experienced product liability lawyers of Reiff and Bily were called upon to investigate this tragic situation and our initial evaluation and investigation reveals just how far fetched the initial prejudicial blogs and public comments were concerning fault for this tragic loss.

Yes, I have seen this scenario before where parents are blamed for negligent supervision and for causing the death of their children due to irresponsibility resulting in tragic consequences, and it never ceases to amaze me how quick people are to jump to judgment without knowing all of the facts.

If you or a loved one sustained a catastrophic injury or wrongful death, don’t assume the facts to be as they initially appear or are represented by other individuals.

A little bit of knowledge or hypothesis by individuals who do not possess all of the facts or skills necessary to reach an objective conclusion can be a dangerous thing, and it pays to place an independent team of experienced catastrophic injury, wrongful death, and product liability lawyers on your side who will completely and independently investigate the situation, with no obligation, to let you know your alternatives.

The catastrophic burn injury and product liability lawyers of Reiff and Bily always offer a free, no obligation consultation, and we ask you to keep 7-year-old Lamiyah Graves and her family in your prayers.

It seems that the tort reformists once again are continuing their attacks on the Philadelphia court system. In a recent article, Philadelphia was listed as the top of eight jurisdictions deemed “hellholes” by the American Tort Reform Foundation with California following second. Tort Reformists claim that Philadelphia judges systematically apply laws and court procedures in an unfair and unbalanced manner generally against defendants in civil lawsuits. Despite the protestations being made by the American Tort Law Reform Association, the question that really must be asked is “Is justice being served?”

Tort Reformists are quick to point out how citizens and lawyers take advantage of certain jurisdictions in America’s legal system. However, if one would look to the lobbyists and corporate bank rollers of the tort reform movement, it is always interesting to note how big business spins the media against lawyers and innocent civilians, throwing any and all obstacles in the way to block their access to the courtrooms.

I watched a documentary on HBO this summer entitled “Hot Coffee,” and I cannot recommend this movie highly enough. It is the real story of the infamous McDonald’s hot coffee lawsuit and all matters leading to the misleading phrase known as “tort reform.” The tort reformists are quick to point to extreme examples of how citizens take advantage of the legal system and why certain jurisdictions are hellholes. The Constitution guarantees the right to all American citizens to be judged by a jury of their peers, and the tort reformists ought to give the judicial system and jurors the actual credit that they deserve. Certainly there are urban legends of frivolous lawsuits, but for the most part to quote Atticus Finch from To Kill A Mockingbird,“There is only one way in this country in which all men are created equal. There is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of a college professor. That institution, gentlemen, is the court.”

Many years ago, a dear friend of my father’s was walking down a dark street behind a restaurant and fell to the bottom of an open shaft as a result of a faulty doorway hatch covering a stairwell which was designed to protect innocent passersby on the sidewalk. The hatch was on top of a delivery stairway used by trucks making food deliveries to the restaurant. There was no reasonable explanation as to why the hatch to the basement was faulty, there were no warnings posted, and it was obvious that the stairwell presented a hazard to pedestrians walking by without notice of the dangerous condition. While the owners and operators of the building and restaurant attempted to put the blame on my father’s friend, it seemed clear cut that no one would jump to the bottom of a delivery chute and that the fall had to be accidental.

Of course, in typical fashion, the defendants tried to throw every obstacle in the path of the man who attempted to make a claim for injuries, which included broken bones, concussion, and broken teeth. Testimony revealed that the individual was still in contact with the sidewalk when he unexpectedly stepped on top of the faulty doorway cover abutting the pavement.

Although this may sound like a freak occurrence, many pedestrians on the sidewalk do not expect that the common sidewalk they walk on may also contain the housing or entryway to a basement of which the building is stocked with supplies. If the pavement or hatch is in ill repair and not maintained properly, the situation is presented where it is simply an accident is waiting to happen. Frequently, a sidewalk adjacent to the vaulted space ends with a masonry or concrete wall that retains the soil beneath the street. Many times there exists deterioration of the structure to the hatch or doorway or a hollowness underneath the sidewalk which may only be seen by those who enter or exit the premises regularly. This collapse risk provides a danger to those unaware of the hazard and requires an experienced premise liability lawyer to fully investigate a claim if an injury should occur.

Since 1979, the experienced Philadelphia premise liability and slip and fall lawyers of Reiff and Bily have successfully tackled some of the most difficult slip and fall and premise liability cases and have achieved many multi-million dollar results on behalf of catastrophically injured clients. Our experienced Philadelphia slip and fall and premise liability lawyers always offer a free, no obligation consultation and a no recovery, zero fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently a jury awarded $10 million dollars to the family of a 13-year-old swimmer who drowned in a man-made lake operated by the town of Ridgewood, New Jersey. According to trial testimony, nine lifeguards were on duty and none of them noticed a surface struggle or submersion of the victim even though a friend of the young victim attempted to rescue him. An expert witness stated that lifeguards were poorly positioned to protect and recognize the victim and violated a standard of care. Unfortunately swimming pool accidents, drownings, and accidents that occur at man-made lakes or supervised swimming areas of many resorts are frequent sites of drowning and result from breaches of supervisory standards of care.

In a tightened economy many townships or owners and operators of real estate containing swimming areas should always make safety their number one priority and not take shortcuts on tightened budgets. If you are a parent, always keep an eye on young children in a swimming area, even if there are lifeguards on duty, and if you are an adult, never swim alone in an unguarded or unsupervised area. Louis Pasteur once said that “chance favors the prepared mind,” and it is impossible to predict when the unexpected tragic event will occur.

If you or a loved one has been involved in a swimming accident, contact one of our experienced Philadelphia swimming accident attorneys for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

On November 21, 1980, a fire swept through the MGM Grand Hotel Casino (now Bally’s) in Las Vegas, Nevada, killing dozens and injuring many more. According to records 85 people were killed mostly through smoke inhalation. As I started to practice law in 1979, I was friendly with several acquaintances who were guests at the MGM during the hotel fire and so began my introduction to hotel fires as a young lawyer.

A few years later, in 1986, I was in Puerto Rico with my family on vacation during Christmas break when the DuPont Plaza Hotel in San Juan caught fire and close to 100 people perished. Every Christmas as I celebrate the holidays with my family, generally at a hotel or on a cruise, I cannot help but remember these tragic events which are forever inscribed in my mind.

As a catastrophic injury attorney who has specialized in burns, smoke inhalation, and premise liability, I have handled many cases involving smoke inhalation, carbon monoxide poisoning, and burn injuries. Over the years, if you are a viewer of television news, you have witnessed cruise ship fires on ships operated by a Norwegian Cruise Line (Nordlys), Princess Cruise Line, and Carnival Cruise Line (Splendor).

Several years ago I booked a cruise with my family and friends on a Celebrity Cruise Ship traveling from Buenos Aires, Argentina around the tip of South America up to Valparaiso, Chile. As the ship was coming out of the Rio Plata in Argentina, we were struck with what is known as a white squall and many people were injured.

While these events are only but a sample of what typically would be an unexpected event during a vacation holiday, the fact remains that when you book a hotel or cruise, you have every reason to expect that safety will be priority number one to the hotel or cruise ship operator rather than profits. Unfortunately, many times hotel and cruise ship operators attempt to disclaim liability completely with notices on tickets or on the premises of a hotel stating the “management is not responsible for any loss suffered by guests or their belongings.”

As an experienced hotel accident lawyer, one thing is for certain, hotels and cruise lines will generally attempt to gain more protection then they are allowed under the law. Many times an attempt to ban liability can be used by a skilled and experienced premise liability lawyer against the hotel, making them fully liable for the guest’s injuries or losses. A cruise ship that departs from U.S. waters is defined as a common carrier according to '3(6) of the Shipping Act of 1984, 46 USC '1702(6). It is commonly accepted that a common carrier is under a “special duty beyond reasonable care to its vessel passengers.” This special duty means that the cruise ship must see to it that cruise vessel vacationers get to and from ports in a safe manner, and furthermore states that cruise liners and their operators must exercise the highest degree of care to protect passengers carried for hire against physical injuries and other types of harm. The liability of cruise ships and hotels for passengers’ burns or smoke inhalation tend to be tricky business and requires the knowledge of experienced investigators and attorneys use to navigating these multi-faceted “waters” and often complex scenarios.

The hotel and cruise ship accident and premise liability lawyers of Reiff and Bily wish all safe travels. However should an accident at a hotel or on a cruise ship occur, we always offer a free, no obligation consultation and no recovery, zero fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Over the last three decades as an aggressive Pennsylvania personal injury lawyer, I hear one common complaint from clients who have had a bad experience with an attorney or are looking to switch law firms, namely that they do not receive any communications from the lawyers representing them and that they have spent a scant amount of time with the client during the initial intake or interview.

When a new client comes into our law firm, I make it point to meet with each and every client and have a rule that all inquiries or concerns must be addressed within 24 hours. The purpose is twofold, one is because I recognize that I must be accountable to my clients added to the fact that in the initial interview it must be clear to me which cases are worth pursuing and which ones are not.

While the skilled Philadelphia car accident and catastrophic injury lawyers of Reiff and Bily only accept approximately 5-10% of the cases that we review, we understand that the first meeting with our client is an important meeting in order to make a proper assessment so that the client has realistic expectations. Many times we find that our firm receives clients or business several years later after a client may have had another accident or incident that occurred after we did not accept a previous case. Those clients remember how thorough our lawyers were and how regularly we communicated with them in an honest fashion.

Our experienced Philadelphia trial lawyers and staff understand that without integrity nothing stands and being thorough and honest with our clients will win our firm more cases and insure client satisfaction as well. Like any other profession, law is an older man’s game, and I note that many lawyers like to talk but very rarely listen. Listening to our clients and their complaints can make all the difference in the world and reveals to the client we care about and understand their issues. Listening also allows us to make more informed decisions and analysis about the case. We understand that lawyers and staff members who do small things correctly will lead to a more successful operation. We understand that referrals are the highest compliments that our law firm can receive and are the life blood of our law firm.

If you or a loved one has been involved in a catastrophic accident or the victim of medical malpractice or a defective product, the experienced lawyers of Reiff and Bily always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

The U. S. Consumer Products Safety Commission has recently issued a voluntary recall of Bella Bliss children’s pajamas because they failed to meet federal flammability standards. The CPSC noted that there is a risk that children could be burned if the pajamas catch fire. The pajamas were imported from Peru and sold through the Bella Bliss catalog and on certain retailers’ websites between January 2008 and June 2011 for approximately $48 to $58. According to the CPSC although no injuries have been reported, they announced the risk that children could be burned should the pajamas catch fire.

Depending on the type of textile weave, weight, and finish, as well as looseness of fit, clothing can pose a serious risk of burns and, unfortunately, even death if it catches fire. Many parents safely assume that children are safe in their beds and cribs as long as they are wearing pajamas. However, this is not the case if the clothing has not met federal flammability guidelines and safety standards. A burn resulting from flammable materials often leads to permanent disfigurement, nerve damage, and death. Burn injuries often require lengthy rehabilitation and reconstructive surgery. Often times the surgeon may have to perform skin grafts to allow the burn injury to properly heal.

The experienced Philadelphia product liability lawyers of Reiff and Bily understand that if a victim’s clothing caught fire as a result of a failure to conform to flammability standards, a lawsuit can be filed against the parties who are involved in the chain of distribution of the clothing as well as the company that sold the product responsible for igniting the fire. Victims and their families have every reason to expect that clothing sold will be safe and free from danger and flammability defects. Our skilled defective product lawyers understand that safety should never take a back seat to profitability of products particularly when it involves children.

The Philadelphia product liability lawyers of Reiff and Bily are committed to representing victims and their families who have been injured by defective products that have been placed in the stream of commerce by irresponsible manufacturers and retailers. We always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As my law practice requires me to travel throughout much of the Commonwealth of Pennsylvania, particularly in areas where fracking is now taking place on an increasing basis, I have always been concerned about its effect on ground water pollution. Last week, the U.S. Environmental Protection Agency implicated fracking (the controversial method of improving the productivity of oil and gas wells) as a potential culprit of environmental issues. This finding has a chilling effect on inhabitants of areas where fracking continues to occur on an increasing basis.

Fracking involves hydraulic fracturing caused by the pumping of pressurized water, sand, and chemicals underground to open fissures to improve the flow of oil and gas. The EPA announced on Thursday, December 8, 2011 that wells of a Wyoming community contained hydrocarbons, which were compounds likely associated with fracking chemicals in ground water. Residents had complained their well water reeks of chemicals. The EPA announcement may have major implications for the vast increase in gas and oil drilling in Pennsylvania as well as many other locales in the U.S. where fracking is taking place. Although fracking has played a large role in opening up many oil and gas reserves, and the industry has long stated that fracking is safe, environmentalists and residents claim that ground water is being poisoned.

At the consumer safety law firm of Reiff and Bily, we will continue to closely monitor and investigate developments on the implication of fracking and the safety of ground water for residents in communities involved.

Since 1979, the lawyers and staff of Reiff and Bily have dedicated our practice to representing catastrophically injured individuals and their families and have expanded our practice in the last few years to include victims of sexual abuse. As the legal climate has grown more difficult with insurance companies and corporate defendants increasingly delaying, denying, and defending a victim’s right to recovery in courtrooms, our skilled Philadelphia personal injury and catastrophic injury lawyers are more tenacious than ever.

Over the last year, Reiff and Bily joined forces with the legendary Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded billions of dollars since 1957. The outstanding achievements of our lawyers has earned us the highest rating of preeminence in the field of personal injury law by the Martindale Hubbell Bar Register. We have received an AV rating for 17 consecutive years which is the highest possible peer rating in legal ability and ethical standards. Additionally, Jeffrey Reiff has been selected by his peers to be listed as one of the top attorneys in the Northeast and has received a 10/10 superb rating by Avvo.com.

Reiff and Bily has been consistently rated by Law and Politics Magazine, Philadelphia Magazine, and Pittsburgh Magazine as the top attorneys in Pennsylvania, an honor given to only 5% of the attorneys in the Commonwealth of Pennsylvania. Recently Jeffrey Reiff was named as one of the top 100 trial lawyers by National Trial Lawyers. Thanks to your continued support, Reiff and Bily has remained in the forefront of change in the field of product liability law, premise liability law, and product defect law, effectuating many positive changes in the workplace and on our highways. Our skilled Philadelphia trial lawyers understand the value of one’s lost hopes and dreams when an unexpected event happens that leaves the victim on unequal footing and shatters one’s economic abilities to earn a living and provide for a family. There is one way in this country in which all men are created equal. There is one human institution that makes a pauper equal to a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution is the court. We wish you all the best of the holiday season and look forward to continuing to work with you and your clients on a referral basis. We are sincerely grateful for your confidence and trust.

As always, Reiff and Bily offers a free, no obligation consultation in all matters involving serious and catastrophic injuries or sexual abuse. You can trust that you will be treated with the professionalism and expertise that you deserve.

Happy Holidays from the Reiff and Bily staff.