Philadelphia Injury Attorney Blog

Over the past few years not surprisingly many older and affluent riders have purchased motorcycles. Many of these self proclaimed “masters of the universe" go out and purchase the biggest and “best" bike that they can afford and too often take the highways with very little or no experience on a smaller bike let alone a larger and unwieldy motorcycle.

Over the past 10 years, motorcycle fatalities and catastrophic injury have been increasing at a more than nominal rate. According to NHTSA, in 2007 5,154 motorcyclists died in crashes, up 6.6% from 4,837 in 2006. Now motorcycle fatalities are at their highest level since NHTSA began collecting data in 1975. From 1997, an historic low, to 2007 motorcycle fatalities rose 144%. According to NHTSA research, older motorcyclists now account for more than half of all motorcycle fatalities. Obviously, motorcycles are by their nature less safe than an automobile or other closed vehicle. Operating a motor vehicle requires a different combination of physical and mental skills.

Continue reading " Dramatic Increase In The Number of Deaths Among Motorcyclists Aged 40 And Older – Philadelphia Motorcycle Lawyer Weighs In On Preventative Safety " »

A San Francisco jury rendered a verdict in the amount of $18,349,391 against Ford Motor Company following a 3 week product liability design defect trial in San Francisco. The jury determined that the seat latch system of the Ford 350 Econo van was defective after a 39-year old musician with the band Subtle was rendered a quadriplegic after the Ford 15-passenger Econo van rolled over on an icy road. The 39-year old musician, Dax Pierson, suffered severe spinal injuries when the Ford 15-passenger van that the band was traveling in ran off an icy highway and rolled over in a ditch on February 24, 2005. Pierson sued Ford for creating a defective seat latching mechanism that caused the seat to become loose resulting in his head hitting the roof of the rolled over van. The Ford Motor Company argued during the trial that the design was not defective and that the van driver was partly at fault. The accomplished lawyers representing the injured plaintiff, Dan Dello’Osso, along with Kevin Quinn and James Doyle, are applauded by the 15-passenger van and SUV rollover lawyers at Reiff & Bily who have known for a long time simply that the 15-passenger van is one of the most unsafe vehicles on the road and suffers from multiple design defects.

According to a recent newspaper article published in Canada a funeral director delivered to a grieving daughter remains other than those that were supposed to be those of her mother. Instead, the grieving daughter, Ellen Johnson, received someone else’s remains and has no idea what happened to her mother’s body after she died. The funeral director was charged with 34 counts of fraud and 2 counts of negligence with respect to the proper care of human remains and indignities to human remains. According to news sources, the funeral director’s lawyer indicated that he will plead guilty to 38 charges.

Ellen Johnson, the daughter of her deceased mother, Jessie, was quoted as saying “This is a nightmare. First you find out the ashes aren’t yours and then you wonder what he did do and how he did he do it and how did he keep all these bodies all this time. Were they kept in a proper facility?" It turned out that the funeral director has been operating a funeral home without a license from between 2003 and 2005. The investigation revealed that a number of the funeral director’s clients were given ashes other than the remains of their loved ones.

Continue reading " Ghoulish Funeral Home Discovery Leads To Criminal Sentencing Of Funeral Director " »

According to sources and news reports, the Philadelphia V.A. Medical Center gave incorrect radiation doses to 92 veterans treating for prostate cancer during a six year period at the Veterans Affairs Medical Center in Philadelphia. The incorrect cancer treatment cases involve brachytherapy which involves implantation of radioactive seeds used to kill cancer cells. Most of the veterans received significantly less of the prescribed dose while others received excessive radiation to nearby tissues and organs causing catastrophic injuries or wrongful death. The New York Times characterized the Center as “a rogue cancer unit “.

The Philadelphia Inquirer noted that treatment errors occurred in 92 out of 114 cases. The Philadelphia V.A. Medical Center has taken all steps to prevent the terrible incidents of medical malpractice from occurring again.

Our hearts and thoughts go out to the unfortunate victims of medical malpractice and negligence that occurred at the Philadelphia V.A. Medical Center. The victims and their families would be well informed to seek the services of an experienced medical malpractice lawyer to investigate and evaluate their claims.

Reiff & Bily are experienced Philadelphia medical malpractice lawyers who offer a no-obligation, free consultation concerning victims rights and potential remedies. Please feel free to call us at 1-800-421-9595 or online at www.reiffandbily.com.

A little over 30 years ago, a dear friend of mine was struck and killed by a train when it was passing through a train crossing. The accident that occurred was clearly preventable and the memory of my friend reminds me that railroad crossing accidents are always catastrophic and most times result in wrongful death. I have been an experienced Philadelphia personal injury and car accident lawyer practicing since 1979 representing catastrophically injured clients in the Commonwealth of Pennsylvania and throughout the United States in conjunction with other prominent personal injury lawyers.

Almost always, a train crossing accident occurs when a train strikes another vehicle, normally a car, truck, an SUV or a bus. As one can easily imagine, the extreme weight and motion of the train overpowers anything in its path. This past week in Iowa a third train versus car accident occurred at the same crossing in less than two months. Most drivers don’t obey the rules of the road when approaching a crossing or railroad track. Many times they will attempt to beat the gate or signal. Always remember that the trains have the right of way. And always remember that railroad crossings are a very dangerous environment.

Continue reading " Railroad Crossings: A Very Dangerous Environment For Car Accidents " »

The experienced amusement park injury lawyers at Reiff & Bily recently reviewed an article published by SmartMoney magazine on Friday, May 29, 2009 entitled Ten Things Theme Parks Won’t Tell You. Number 5 on the list is entitled Our Ride Operators Are Barely Old Enough To Drive and it goes on to say that even the most benign ride can turn dangerous when an inexperienced person is operating it. At many parks, especially seasonal ones, ride operators tend to be young summer workers but there are no Federal laws requiring amusement ride operators to undergo any kind of training program. Some states, including California and Minnesota, have introduced state laws regulating safety and training. Still, “There is no internal consistency from park to park in terms of how they instruct their employees," says Adam Glick, an attorney based in Elizabeth, New Jersey who has handled numerous amusement park injury cases. “The workers tend to be college students on vacation. Most of the rides operators are concerned about flirting with the opposite sex." Even if they are not, disasters can and do occur.

Continue reading " Many Ride Operators At Amusement Parks Are Barely Old Enough To Drive " »

On June 16, 2009, the Food and Drug Administration told the manufacturers of one of the country’s most popular cold medications, Zicam, to stop selling its nasal spray and swabs. In the last 10 years, approximately 130 consumers have filed complaints stating that they permanently lost their sense of smell after using Zicam.

The manufacturers of Zicam, Matrixx Initiatives, has suspended shipments of the products and they claim that the warning is not supported by scientific evidence and is asking the FDA for review. According to the New York Times, the company paid $12 million dollars to settle 340 lawsuits from Zicam users who claim that their product destroyed their sense of smell in 2006 and hundreds more lawsuits have been filed.

The Los Angeles Times reported that the company will be required to receive FDA approval if it wants to market the products in the future. The L.A. Times also reported that the company may have received 800 reports “of anosmia... associated with the use of the products from doctors and consumers, but has failed to report such reports to the FDA.

If you or a loved one has been using Zicam and have experienced any medical problems or have lost your sense of smell, you would be well advised to seek the services of an experienced medical malpractice or products liability lawyer to evaluate your condition and explore your legal options. Reiff & Bily are experienced product liability lawyers who are committed to promoting consumer safety. For a free no obligation consultation, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

The defective trailer and amusement injury lawyers at Reiff & Bily became aware of another situation where 11 children riding on a tractor-pulled amusement ride escaped serious injury when a trailer hitch broke on a tractor pulling the cart. According to reports, the trailer was pulling a wagon down a grass lane when the hitch broke causing the driver of the tractor to lose control resulting in an overturn. The operator of the tractor was ejected. The amusement trailer was occupied by 17 individuals including 11 children aged 5 through 14.

At the defective trailer and amusement injury law firm of Reiff & Bily, we are currently working on a similar tractor hayride injury case where the operator of the vehicle pulling the ride had no license or proper screening and yet was hired to pull precious cargo, namely children. Many times, you can simply put a farm tag on a tractor or trailer and no inspections are necessary. Worse yet, no training is required to tow a trailer or pull these amusement park rides and they are generally fabricated as cheaply as possible. We are all too familiar with the serious injuries and fatalities that result when there is a lack of proper inspection, security or due regard for the safety of others.

Continue reading " Another Tractor Amusement Ride Goes Awry With 11 Children On Board " »

The Pennsylvania product liability lawyers at Reiff & Bily wish to call your attention to the fact that Triple Play Products LLC is recalling certain Sit and Stroll child restraint systems, Model 4002, manufactured on May 5, 2008. The webbing used in the center adjuster for the harness fails to comply with the initial breaking strength requirements of Federal Motor Vehicle Safety Standard No. 213, child restraint systems. In the event of a crash, the child may not be properly restrained, possibly resulting in an injury to the child. Triple Play will notify owners and provide a free repair kit, along with instructions to replace the center adjuster webbing. This safety recall is expected to begin during May/June 2009. Owners may contact Triple Play consumer information line tollfree at 1-800-829-1625 and for more information on this particular recall please go to 09C004.

If you or a loved one has been injured as the result of a product defect, please contact one of the experienced Philadelphia product liability lawyers at the law firm of Reiff & Bily at 1-800-421-9595 or online at www.reiffandbily.com for a free consultation.

It is an unfortunate fact that as the summer season comes, so do water and pool-related injuries and deaths. Approximately 10 water-related deaths per day are related to drowning. Additionally, 700 people die each year in boating-related accidents. According to the CDC more than 1 in 4 fatal drowning victims are children aged 14 and younger. For every child who drowns, another 4 receive emergency treatment for non-fatal submersion and brain injury. Non-fatal drownings often cause brain damage resulting in long-term disabilities including memory problems, learning disabilities and a permanent loss of basic functioning. The CDC determined that the major risk factors for swimming pool accidents and/or drowning are lack of barriers and supervision. Almost all young children who drown in pools were last since in the home, had been out of sight less than 5 minutes and were in the care of one or both parents at the time. All pools should have pool fencing which can help prevent children from getting access to the pool area without care giver awareness. With adult or adolescent deaths there is generally a ratio of alcohol use with a drowning or pool injury. Alcohol influences balance, coordination and judgment and its effects are often heightened by sun exposure and heat.

The experienced Philadelphia swimming pool accident and injury lawyers of Reiff & Bily recommend that you take the following steps to help prevent pool or water related drowning or injuries.

1. Designate a responsible adult to watch young children while swimming or playing in or around water. Adults should not be involved in any other distracting activity such as reading, playing cards, talking on the phone or mowing the lawn while supervising children.

2. Always swim with a buddy.

Continue reading " Protect The Ones You Love From Drowning " »

Last month, two women were raped and assaulted in a prominent Boston hotel and additionally, two women were tied up in another New England hotel by an assailant dubbed “The Craiglist Killer". A USA Today story reported an experienced hotel manager of a Northbrook Illinois hotel was followed into a room by a man and was tied up and choked.
With the downturn in the economy and the recession also comes increased security concerns at a hotel. A greater likelihood of more criminal activity. According to a story published in USA Today, Philip Farina, CEO of Enterprising Securities, a San Antonio company that links security programs for hotels, notes “We are absolutely seeing an increase in crimes at hotels". Farina also notes that hard economic times are especially driving up incidents of theft including the amount perpetrated by hotel staff. Not so surprisingly, as hotels attempt to stay profitable they are cutting back on necessary security.

The experienced Philadelphia hotel security and inadequate security law firm of Reiff & Bily has been handling hotel assault cases and premise liability assault cases involving hotels since 1979. We believe and the law recognizes that the safety and privacy of hotel/motel resort and cruise ship guests should be the top priority for all owners and operators of the hospitality industry; however, this is often not the case.

Continue reading " Hotel Crime and Security Concerns An Increasing Issue In Recession " »

Americans For Insurance Reform (AIR) has released 14 new fact sheets concerning medical malpractice and tort issues that may be part of discussions by Congress and the Administration in developing national health care proposals. According to a press release filed, the “fact sheets" together support the view that the legal rights of injured patients should be preserved and that any weakening of those rights will unfairly burden medical malpractice victims. Joanne Doroshow, AIR co-founder and Executive Director of The Center for Justice & Democracy stated “provision of health care should never be compromised or accomplished by taking away the right to trial by jury for someone legitimately injured, or by reducing the accountability of any hospital or provider that endangers patients. The fact sheets are titled as follows:

1. The Insurance Industry’s Investment Practices - Not the Legal System - Cause High
Malpractice Insurance Costs;
2. Costs of the Current Medical Malpractice System Are Much Lower than People Think;
3. The Defensive Medicine Myth;
4. Health Courts Are Unconstitutional;
5. Health Courts and Other Alternative Systems Are Intolerably Fair to Injured Patients;
6. The Significant Costs of Alternative Systems;
7. The Problem of Medical Malpractice and the Amount of Malpractice Itself;
8. Far from Being “Broken", The Current Medical Malpractice System Works Well.
9. Litigation Improves Patient Safety and Establishes Responsibility for Errors.
10. Fear of Litigation Is Not Why Doctors Fail to Report Errors or Communicate with
Their Patients.
11. Juries Versus Cost Savings Is an Unacceptable Trade Off;
12. Eliminating Juries Means Fewer Cases Will Settle;
13. Lowering Insurance Costs for Doctors Requires Insurance Industry Reform;
14. Critical patient safety resolution will remove or sanction the small number of
bad doctors committing malpractice.

Continue reading " Philadelphia Medical Malpractice Lawyers At Reiff & Bily Note A New Study Reveals That Decrease And Elimination Of Medical Malpractice Claims Will Result In Negligible Healthcare Saving While Increasing Errors And Costs " »

According to news sources, a two year old boy was struck and killed by a roller coaster as he slipped away from his parents and ran onto the tracks in an amusement park in London. An official affiliated with the amusement park stated “There would have been a barrier surrounding the roller coaster but he must have found a way around it." I have written on a number of occasions that amusement parks and carnivals are a child’s playground and a favorite for families but an often unknowingly dangerous form of entertainment for families and young people. I personally have experienced and witnessed a few catastrophic amusement park accidents and had a close call with my own family when two people were killed as a result of an amusement malfunction in Ocean City, Maryland once again on a kiddie roller coaster.

Amusement parks and carnivals operate under a serious loophole in the Consumer Product Safety Act of 1981 prohibiting the CPSC from regulating the safety of rides fixed to a specific site. Unfortunately, regulation and inspection of “fixed site" amusement rides are left up to state or local municipalities and as a result every site varies from good to none and there is no official source who keeps an official record of amusement park accidents.

Accident data for most amusement parks is a well guarded secret and we only hear about the catastrophic incidences. The amusement park industry is highly unregulated and there is not a uniform system for reporting injuries, creating a serious danger when amusement parks police their own accidents. Many times, innocent customers and consumers are left in the dark about which amusement park is safe to visit and which rides are safe for their families, creating real dangers for families and their precious children. Unfortunately with the downturn of the economy, many parks have cut corners on safety and no longer staff the load and unload positions of rides and leave maintenance and supervision many times to high school and college students working on a temporary basis who are entrusted to operate these rides with minimal training. Many times amusement park personnel, including operators, are not paying attention to the precious cargo on the ride.

Continue reading " Roller Coaster Killing Illustrates Amusement Park Dangers " »

In April a woman was raped and beaten by a stranger in a parking garage of a well known Boston hotel. According to news sources, the Boston police department asked the Radisson Hotel, who owns the garage, to remain quiet about the attack stating that any publicity could “compromise their chance to catch the individuals" according to a hotel spokesman. Sources also revealed that the police arrested a suspect in the rape but only 11 days later after a second victim was attacked in a similarly violent fashion in the same garage. A controversy has now arisen regarding how much information should be released to the public about sexual assaults.

The same news article revealed that police departments across the country did not have uniform guidelines about releasing warnings to the public about a sexual predator. The Philadelphia police claim that they issue electronic bulletins to media outlets every time a woman reports being raped by someone she didn’t know. Lt. Frank Vanore, a spokesman for the Philadelphia police department, is quoted as saying “We feel it is important to notify the public because any one of these could be someone that is a predator". According to news sources in the Boston case, the first attack occurred on April 19th in the garage at the Radisson Hotel Boston which is located downtown. At approximately 5:30 in the morning, a woman was on the 5th floor in the garage heading to work when a man asked her for directions. The police then say he attacked her and when she started to scream, police said he threatened to throw her to the street below. The attacker raped the woman repeatedly and then ran when he became aware of passerby. On April 30th, a woman identified her attacker from a photo but police could not locate him. At 3:00 a.m. the next morning, less than 12 hours after the alleged rapist was identified, police say he attacked again at the same location at the same garage but this time on the 2nd floor and the second woman claimed that the attacker dragged her by her hair, beat her and raped her. The suspect was arrested later that day.

Incidents like this are not isolated incidents and in fact, are more common than the general public is aware of. Another interesting issue is presented by this case, namely that hotel owners and hotel managers must take all reasonable and necessary steps to make sure that injuries, deaths and criminal activity does not occur to patrons, visitors or workers while on their property. Hotels have a general duty to reasonably protect guests from harm caused by other guests or non-guests and an affirmative duty to make the premises reasonably safe for their guests. An accident or criminal action that takes place on a hotel premises may be grounds for a hotel liability claim or lawsuit. In this instance, the hotel had prior notice of criminal activity on the premises. Hotels have a general obligation to protect their business invitee from “hidden dangers". This may include the following: installing proper lighting in hallways, stairwells, parking lots and other dark areas and making sure that proper security is enforced when there is notice of criminal activity.

Continue reading " Two Sexual Assaults in One Month At Boston Hotels Raises Many Issues Of Concern " »

According to a report released by the administrative office of Pennsylvania court system, there was a 54% decrease in filing medical malpractice claims in Philadelphia in 2008. The abrupt decline in medical malpractice cases throughout Pennsylvania first occurred in 2003 when the Pennsylvania Supreme Court adopted procedural changes to reduce malpractice cases. Now all medical malpractice cases must be filed in the county where medical treatment occurred and must be certified by a medical expert. An attorney must obtain a certificate of merit from a medical professional to establish that the case fell below medical standards before bringing a lawsuit to court.

The experienced Philadelphia medical malpractice lawyers at Reiff & Bily still maintain that egregious medical malpractice cases can still be tried or settled with much success. An experienced medical malpractice attorney should determine at the outset whether or not liability is clear and damages are serious enough to warrant successful prosecution. Surprisingly, although the medical community has argued about excessive insurance rates, and despite a decline in the number of cases filed, Pennsylvania still remains one of the most costly states in the country to secure medical malpractice insurance for a physician. Doctors have long protested that high premiums for medical malpractice insurance will reduce the amount of business and limit plaintiff’s access to care. This lawyer is of the opinion that much of the medical malpractice “crisis" was based on selective misinformation and scare tactics utilized by the insurance industry who still continue to profit when physicians pay significant premiums unrelated to the realities of the situation.

Continue reading " The Amount of Medical Malpractice Claims Filed In Pennsylvania And Philadelphia Drops Noticeably - Philadelphia Medical Malpractice Lawyer Weighs In " »

According to news sources, a small amusement type train carrying visitors to the Louisville Zoo fell off the tracks Monday June 1, 2009 sending 22 people to local hospitals, including one child who was critically injured. According to news sources, a small engine was pulling a train that circled the Louisville Zoo when three cars and the engine fell off the rails near the gorilla exhibit. The ages of the injured passengers were from 2 months old to senior citizens. Obviously, amusement parks and zoos are a great place for families and kids to unwind and be entertained. As the unfortunate accident at the Louisville Zoo indicates, even the most innocent looking amusement rides can be dangerous and lead to catastrophic injury and fatalities if they are not operated or maintained in a proper fashion.

One likes to assume that every amusement ride or zoo ride is safe. However, in actuality this is often far from the case. The experienced amusement park injury and accident lawyers at Reiff & Bily find that in most cases where injuries or fatalities occur on an amusement ride there is generally improper maintenance or inadequate supervision. The victims who were injured by this derailment at the Louisville Zoo may have claims not only against the operators of the ride who may have failed to properly maintain or supervise the ride but also potentially against the manufacturer of the ride for making an allegedly defective and dangerous product. The injured victims would be well advised to retain the services of a reputable amusement park accident attorney who has experience dealing with amusement park and product liability injury cases.

If you or a loved one has been injured as the result of an amusement park accident, please contact one of our experienced amusement park accident attorneys at 1-800-421-9595 or online at www.reiffandbily.com.

The Pennsylvania product liability lawyers of Reiff & Bily are pleased to share breaking news regarding a landmark achievement announced in Washington, D.C. on May 20, 2009. From now on, regulatory preemption of state common law will be strictly limited. Even regulations issued within the past 10 years will have to be reviewed. This represents a major victory for the rights of all Americans under state law and is the culmination of years of tireless and dedicated efforts by the American Association for Justice.

President Obama issued a directive to the heads of all Executive branch departments and agencies stating it is the policy of his Administration that “preemption of state law by Executive departments and agencies should be undertaken only with full consideration of legitimate prerogatives of the states with a sufficient legal basis for preemption." Preemption of state common law will no longer be presumed or asserted by regulatory agencies absent “explicit preemption by Congress or as otherwise sufficient basis under applicable legal principles." This is an enormous victory for consumers and injured plaintiffs. Les Weisbrod, President of The American Association of Justice, stated “This victory reflects what we believe the law in reality has always been and how it should always have been applied. This corrects a decade of abuse of the regulatory process and signifies a triumph for states rights and for the legal rights of Americans and their families."

The experienced Pennsylvania product liability lawyers at Reiff & Bily thank many of our readers and citizens that have been fighting the preemption fight day in and day out in courtrooms and by writing to their legislators throughout America. It is a great day for the American justice system when the rights of injured consumers are fully recognized and not legislated away in an unconstitutional fashion.

Reiff & Bily are product liability lawyers committed to representing the rights of clients in Pennsylvania and throughout the United States with an association with prominent counsel of clients who were harmed by dangerous or defective products. Consumers have the right to expect that the products they purchase are safe for use or consumption and that their rights to the courtrooms and justice shall not be blocked by the government or corporations. Our experienced product liability attorneys have been able to successfully recover compensation for injuries, pain and suffering, medical expenses and other costs related to a dangerous or defective product. Please contact us at 1-800-421-9595 or online at www.reiffandbily.com to schedule a free consultation with one of our experienced dangerous or defective product lawyers.

The experienced Philadelphia motorcycle accident attorneys of Reiff & Bily call your attention to a fact that all too often goes unnoticed by all too many motorcycle riders. Motorcycle tires, like any other tire, deteriorates over time. Environmental factors such as heat, ultraviolet light, oxygen and other factors cause tires to harden as they get older. Many times cracks develop. Older and harder tires also may not conform to the road as well as a newer, softer tire and this affects the traction or grip creating a dangerous situation particularly on slick or wet highways.

A condition known as dry rot in the tires generally occurs with older tires and bikes that have been left outdoors in the elements and not used or covered during extended periods of storage. Though motorcycle tires are relatively expensive, it doesn’t take a genius to figure out that they are the most critically important element to safety on a motorcycle. As motorcycle season gets into full swing, it is important to have your tires examined or inspected by a qualified mechanic or expert. It is also important to perform your own self inspection regarding the tread. If your tread is less than one milimeter deep, the tires should be replaced. If your tire is bald or has minimal tread, there is a good chance that trouble lies ahead when you are operating on a slick highway or executing a turn or accident avoidance maneuver. It is also important that the tires of your motorcycle be properly inflated and not overloaded as it increases the risk of tire failure which most likely will result in serious and catastrophic personal injury or fatality, not to mention property damage. Many times a tire failure is noticeable to the rider of the motorcycle by a vibration, bump or irregular wear. If you find yourself driving on a motorcycle that has a blowout or sudden tire failure, experts recommend that you slowly decrease the amount of throttle, hold the handlebars firm and steer to maintain your lane position. Gently apply your brakes and pull over to a spot where you can safely stop the motorcycle. It is always important to follow the tire manufacturer and motorcycle manufacturer’s recommended air pressure and maintenance and inspection schedule for both motorcycle tires. As an experienced motorcycle rider, I check my pressure before every motorcycle ride.

Continue reading " Microscopic Cracks In Motorcycle Tires - A Hidden But Well Known Cause Of Tire Failure Often Resulting in Catastrophic Injuries " »