Philadelphia Injury Attorney Blog

As an experienced Philadelphia medical malpractice lawyer who cut his teeth as a criminal lawyer, I have been watching the media circus surrounding Michael Jackson’s death with a certain amount of curiosity. Last week on CNN, the breaking news was that Michael Jackson’s death was ruled a homicide when in fact the unsealed court documents indicated that Michael Jackson had lethal levels of the drug Propofol in his system. It seems that the investigation is being centered on a single doctor who prescribed and administered the medicine. We haven’t heard much about the pharmacist who prescribed the drugs which are indicated for use in an operating room under controlled conditions and not in a non-surgical scenario only to be administered in special and controlled circumstances.

Certainly, it would seem to this experienced malpractice lawyer that if the doctor knew or should have known that he was wrongly prescribing and administering Propofol then in fact he would be a likely target for criminal as well as civil prosecution.

Continue reading " Civil and Criminal Ramifications of Michael Jackson’s Death: Malpractice, Homicide or Both? " »

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

Posted In: Medical Malpractice

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The Pennsylvania defective product lawyers at Reiff and Bily call your attention to a U.S. Consumer Product Safety Commission announcement involving a voluntary recall of the following consumer products: Maytag, Magic Chef, Performa by Maytag, and Crosely brand refrigerators. Approximately 456,000 additional units recalled. Please note in March 2009, 1.6 million units were recalled. The units are manufactured by the Magtag Corporation of Newton, Iowa and the hazard was noted to be an electrical failure in a relay, the component that turns on the refrigerator’s compressor which can cause overheating and pose a serious fire hazard. According to the US CPSC announcement, Magtag received 23 additional reports of fire relay ignition including four reports of property damage ranging from smoke damage to extensive kitchen damage. The units were sold by department appliance stores and by homebuilders nationwide from September 2000 through May 2004 in the price range of $350 to $1,600.

We recommend that consumers immediately contact Magtag to determine if their refrigerator is included on the recall and if so, to schedule a free in home repair. You can visit Magtag’s website at www.repair.magtag.com.

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

Posted In: Product Liability

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Recently a fatal accident in Tennessee called to light one of the most dangerous vehicle combinations on the roadways of America today - a trailer being towed by an SUV. The particular case I wish to call attention to involves 45-year old Wade P. Shindlebower who was pulling a camper behind his SUV driving southbound on Interstate 75 when the trailer began to sway out of control and then separated from the SUV causing the vehicle to flip. The SUV rolled over three times before coming to rest on the median. The passenger Keith Smith, 51, of Indianapolis, Indiana was transported to UT Medical Center where he passed away on Sunday. The passengers both sustained serious injuries. Drugs and alcohol were not a factor.

The summer of 2009 has been a banner summer for people unnecessarily dying due to defective trailers. The defective trailer when coupled with one of the most dangerous vehicles on the road (the SUV) is a deadly combination. For more information on dangerous trailers, please direct your attention to dangeroustrailers.org. The website is steadfastly maintained by consumer safety advocate Ron Melacon at his own expense. Ron Melacon is one of America’s unsung heroes.

Due to their high center of gravity, SUVs are highly unstable. When coupled with trailer sway, the instability factor is multiplied, many times resulting in catastrophic injuries and fatalities to the unsuspecting victims. There has been an increasing number of defective trailer and SUV rollover cases in the Commonwealth of Pennsylvania as well as nationwide.

The Philadelphia defective trailer and car accident lawyers of Reiff and Bily have participated in cases involving catastrophic injuries and fatalities suffered by the occupants and drivers of these vehicles who were unaware of the risks. If you or a loved one has been involved in an accident involving a loose trailer, defective trailer, SUV rollover or has sustained a catastrophic or serious injury as a result of a car accident, please feel free to contact one of the Philadelphia car accident lawyers at Reiff and Bily for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: SUV and 15 passenger rollover

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According to reports of the United States Coast Guard, there have been 31 recreational boating and paddling deaths this summer in the First Coast Guard District stretching from the coast of Maine to New Jersey, as well as including eastern New York and Lake Champlain. Just this summer there have been 11 boating accidents in Pennsylvania resulting in catastrophic injury or death. Eight motor boats and three personal water crafts accounted for 1/3 of the deaths while the remaining 2/3 occurred on non-motorized vehicles, including canoes, row boats, kayaks and sail boats. Most of the deaths were preventable due to the lack of proper safety equipment including but not limited to life jackets. Many other injuries or deaths were caused by inexperienced operators as well as operators impaired by alcohol. The number of boating accidents has jumped by over 80% this year. Nationally, according to the Coast Guard, there were 4,789 boating accidents which killed 709 and left 3,331 injured and caused $54 million in property damage.

If you or a loved one were injured in a boating or jet ski accident, you would be well advised to seek the services of an experienced boat accident and jet ski accident lawyer who can begin a comprehensive investigation and determine where proper liability rests and recover monetary damages for physical and mental injuries.

Maritime accidents can be complex and require specialized experience. The experienced boat accident and jet ski accident lawyers at Reiff and Bily offer a free no obligation consultation to anyone injured in a jet ski or boating accident. Please contact us at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: Boating Accidents

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It amazes me how many people ride jet skis without any type of instruction when in fact jet skis have been involved in many catastrophic accidents on the water. In fact, jet skis are the second highest ranked type of water craft that has been involved in major boating accidents across the world. Anyone who has ridden the jet ski will tell you that they are extremely responsive and ultra-sensitive to the slightest movement of the handle bar. The same maneuverability in the hands of the untrained or inexperienced operator makes the jet ski prone to waterway accidents particularly when an inexperienced rider panics.

I have witnessed many jet ski accidents as well as have been involved in one myself with my son (where I almost lost my leg) and I am astounded that many rental agencies will casually place an inexperienced rider on a jet ski in a resort area or in a waterway area where there are other boaters traveling, creating obstacles and potential risk of danger and harm for the inexperienced operator. Not only should one be instructed on how to operate the jet ski but one should also be instructed on what to do to survive if a jet ski accident occurs.

Continue reading " Jet Skis Are Not Children’s Toys – In Fact They Are One Of The Most Dangerous Types of Water Craft In Use – Jet Ski Accident Lawyer Speaks Out " »

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

Posted In: Boating Accidents

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Approximately one year ago, The American Association For Justice released a report citing the 10 worst insurance companies in American noting how insurance companies raised premiums, denied claims and refused insurance to those who need it most. With healthcare insurance reform on the horizon, former head of Public Relations for Cigna, one of the nation’s largest insurance companies decided to speak out against the industry. Bill Potter told Bill Moyers, “I did not intend to speak out until it became clear to me that the industry is resorting to the same tactics they have used over the years particularly back in the 90's when they began leading the efforts to kill the Clinton healthcare plan.” Potter explained that the insurance industry has been corrupted by Wall Street expectations and greed and that insurance companies have every incentive to deny coverage - every dollar they don’t pay out to a claim, is a dollar they can add to their profits and Wall Street investors demand that insurance companies pay out less every year.

As an experienced personal injury and insurance claims attorney who has been fighting insurance companies aggressively since 1979, I am all too familiar with the “boxing gloves” strategy used by insurance companies against their policyholders. Common insurance company practices of unfairly defending, denying and delaying claims has reached a crescendo. It appears to this experienced insurance claims lawyer that the insurance companies have hijacked the public and are now attempting to hijack the government, trade associations and insurance industry finance coalitions, many of which are nothing but fund groups for insurance companies. I have met with lobbyists and physicians who are “scared to death” about the future of healthcare reform and are very active in behind the scenes PR and lobbying campaigns to kill or weaken healthcare reform efforts.

Continue reading " Insurance Industry Continues The Same Old Games Putting Profits Before Patients and Insureds’ Interests - Experienced Injury Lawyer Speaks Out " »

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

Posted In: Insurance Claims

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Under the bankruptcy plans that were approved for Chrysler and GM, thousands of American consumers with pending claims against these companies alleging that the design, manufacturing, and product defects in their cars caused their wrongful death or catastrophic injury will be forced to bring their claims to the bankruptcy courts.

Under the bankruptcy plan for Chrysler, all consumers who purchased Chrysler vehicles before Chrysler emerged from bankruptcy will likewise be relegated to bring claims in bankruptcy court if a defect in one of those vehicles caused a catastrophic injury or death. There are approximately 30 million Chrysler vehicles currently on the road that were purchased before the new Chrysler was established.

New GM on the other hand has accepted responsibility for injuries or deaths caused by defects in old GM vehicles as long as those claims were not pending before the new GM emerged from bankruptcy. That means that Chrysler is the only car company in America that will not stand behind the safety of its vehicles. There will be virtually no money in the bankruptcy court to pay any sums to tort claimants who have cases against Chrysler, LLC and only a small sum available to tort claimants against General Motors Corporation.

Continue reading " Pending Death And Injury Claims Against Chrysler and GM Result In Inequities " »

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

Posted In: Auto Defects

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Twenty-four thrill seekers on a thrill ride roller coaster remained stuck for 4 hours immobilized 80 feet in the air in 95 degree heat before being rescued by fire fighters in another amusement park accident according to news sources. This roller coaster known as The Invertigo is located at Great America in Santa Clara, California. The Invertigo is one of the newest thrill rides which specializes in turning people upside down as it transports the riders through loops, sharp turns and hills and valleys. According to park officials and state investigators, the amusement ride malfunctioned and focus is being noted upon the lift chain. When the coaster stopped, many riders were strapped in their seats with their legs dangling in the air while fire fighters hoisted basket topped ladders to retrieve them one by one. One observer stated that she watched the Invertigo’s operator cringe when the train screeched to an unexpected halt. According to news sources, this is the third mishap on the same ride since 2000.

In 2001, the same amusement park ride jammed at 138 feet in another amusement park accident at the steepest part of the ride and in 2000 the same roller coaster encountered a shut down very similar to that of August 10th when 25 people were left dangling in their seats for approximately 1/2 hour. The Invertigo climbs to a 138 foot drop, reaching a top speed of 50 mph, leaving riders upside down six times during the trip.

Continue reading " “We Thought We Were Going To Die” Stated People Stranded On A Roller Coaster Ride For Four Hours on August 10, 2009 - The Largely Unregulated Amusement Park Industry Continues To Claim Victims In Avoidable Amusement Park Accidents " »

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

Posted In: Amusement Parks

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As an experienced personal injury and product liability lawyer specializing in rollover accidents, I was astounded to read a piece on the web at about.com referencing ATVs and off-roading whereupon lawyers were accused of cashing in on the irresponsibility of operators and passengers of the Rhino.

Just the other day I received a phone call from an experienced and avid ATV operator who suffered a catastrophic and permanent injury and is unable to work due to the fact that the Yamaha Rhino rolled over on him, crushing him and resulting in the permanent loss of bodily function. I have been an avid motorcycle rider since age 13 and have also operated ATVs and frankly have learned to recognize that these machines can be inherently dangerous and should not be operated by children or others who have not had proper instruction, supervision or who are not truly aware of the inherent design defects and dangers. Many ATV accidents are wholly unexpected. Even Yamaha test drivers have tipped these vehicles over while going downhill. In March, Yamaha, under pressure from the CPSC as well as pending product liability lawyers, offered a “free repair program” for the Rhino.

I have seen many cases where Rhinos and other ATVs rolled over at slow speeds and people have either been catastrophically injured or killed. In a recent CBS news story, Yamaha stated that the Rhino is a “safe, reliable and versatile vehicle” and pointed to operator error rather than the vehicle’s high center of gravity for resulting injuries and deaths. Yamaha has recalled many of these vehicles and The Consumer Product Safety Commission has indicated that they should address upgrades with regard to vehicle safety prevention methods.

If you or a loved one has been involved in a Yamaha Rhino accident and sustained serious catastrophic injuries or wrongful death, please feel free to contact one of the experienced Yamaha Rhino rollover lawyers at Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: ATV/Yamaha Rhino Rollover

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According to news sources, two adults and two teens were buckled into the raft and were thrown into the water. While many would argue that this was a freak water park accident, this experienced amusement park lawyer will tell you that many water slides or other water park amusement rides are not exactly kiddie rides and many are fraught with hidden dangers.

One likes to assume that every water park or theme park is a safe haven where the biggest worry is eating too many hot dogs or too much ice cream. In reality many water parks and amusement parks are fraught with hidden risks.

If you or a loved one has been involved in a water park amusement or amusement park accident, please feel free to contact the catastrophic personal injury and amusement park lawyers at Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com for a free consultation.

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

Posted In: Amusement Parks

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Our hearts and prayers go out to the family of 23-year old Mary Katherine Ladany who was struck and killed by a large tree branch while jogging in Fairmount Park in Philadelphia, PA on the evening of August 5th. According to news sources, it appears that Ms. Ladany was listening to her iPod while jogging and may not have heard a 30-foot long branch fall from a tulip tree, also known as Poplar.

In 1980, I handled one of my first significant injury and damage cases involving a decayed tree on a Philadelphia residential property that fell and crushed a center city real estate agent. Cases dealing with the liability of property owners for damages caused by falling trees can be quite complicated. The Restatement 2nd of Torts notes “a possessor of land in an urban area is subject to liability related to persons using a public highway for physical harm resulting from his or her failure to exercise reasonable care to prevent an unreasonable risk of harm arising from a condition of trees on the land near the highway.” The results of the proposition that holds that a land owner or property owner may be liable if he has actual or constructive notice that the tree is in a decayed condition or in fact, there is an alteration to a natural condition that creates a hazard to innocent persons or passersby on adjacent property. In general, the owner of the land located in or adjacent to an urban residential area has a duty of reasonable care to prevent defective trees from posing a hazard and resulting catastrophic injury or wrongful death to others on adjacent land. Therefore, it follows that the possessor or owner of the urban residential land who has actual or constructive notice of the defective tree has an affirmative duty to take corrective action to protect the plaintiff on the adjacent land.

Continue reading " Philly Jogger Killed By Falling Tree Branch - Who May Be Responsible For This Tragedy " »

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

Posted In: Catastrophic loss , Tree fall injury , Wrongful Death

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According to a report filed by The Consumer Product Safety Commission, more than 440 wrongful death and personal injury lawsuits are pending against Yamaha. They further report that Yamaha has settled many other cases. Most of the Yamaha Rhino rollover stem from rollovers in which drivers or passengers were flung through the open door space to the ground and smashed by an 11,000 pound vehicle.

On March 31, 2009. under pressure from The Consumer Products Safety Commission, Yamaha announced a “free repair program” to improve the Rhino’s handling and stability - seemingly a recall in everything but name. Reports revealed that Yamaha began investigating the use of leg protection on the Rhino by early 2006 but did not offer the half doors until August 2007 and a retrofit offer covered 2004 to 2007 Rhinos. Doors are now standard on the 2008 model. In deposition testimony, senior Yamaha engineers stated that they had considered using doors in the first place - then gave a surprising explanation for deciding not to. Doors would create such a feeling of safety, they said, that riders might not wear helmets or seat belts. In a deposition in May 2008, Takanori Suzuki, formerly a project leader for the Rhino, stated even now the only reason to include doors is that “occupants are intentionally sticking their legs out in situations involving aggressive driving and abrupt maneuvers”.

Continue reading " Yamaha Rhino Rollovers Continue to Kill Many Innocent Riders " »

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

Posted In: ATV/Yamaha Rhino Rollover , Catastrophic loss , Personal Injury , Product Liability , Wrongful Death

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Our thoughts and prayers go out to the family of Hassan Itoni of Dearborn, Michigan who was pulled from an outdoor pool at Kalahari Resorts water park in Sandusky, Ohio and pronounced dead at the hospital. According to news sources, the 3-year old Michigan boy drowned at a northern Ohio water park and was found face down in the children’s pool. Unfortunately, at the amusement park and swimming pool accident law firm of Reiff and Bily, we are all too familiar with swimming pool and amusement park accidents. Police referred to this drowning death as a tragic accident and the local coroner stated that the mother of the child lost sight of her son who did not know how to swim while he was playing with an older brother around the pool which ranged in 3 to 4 feet in depth.

Drowning or near drowning accidents in water parks is a huge problem in the summer months particularly when pool sites are crowded. Our amusement park and swimming pool accident lawyers are consulted on a number of cases each summer by families of children who are seriously injured in swimming pool accidents whether they be at camps, water parks, amusement parks or community pools. If a child is injured in your pool or anyone’s pool under your watch, you could be held liable for those injuries. If a child is injured at a water park or amusement park, the park owes the highest duty of care to all consumers to insure the safety of their customers. Constant supervision is also extremely important when children are playing near water. Drowning often happens silently and quickly, normally within a few seconds. Drowning accidents result in catastrophic brain injuries or deaths.

If you or a loved one had been injured in a swimming pool or amusement park accident, please consult with an experienced Philadelphia lawyer who can best explain how to protect your rights. Please contact one of our experienced personal injury lawyers for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: Amusement Parks , Swimming Pool and Hot Tub Accidents

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