Philadelphia Injury Attorney Blog

The Pennsylvania hills and ridges doctrine holds that an owner of land is not liable for slippery conditions resulting from ice or snow unless he or she permitted the ice and snow to unreasonably accumulate in uneven elevations - small ridges and hills of frozen snow or ice. In order to prove a landowner’s liability, the plaintiff must first prove that the snow and ice accumulated on the sidewalk or roadway in ridges or elevations of such size and character as to unreasonably obstruct travel and create danger. If the snow has freshly fallen and is relatively undisturbed or there is smooth ice that is undisturbed and an injury is caused, the landowner may not be liable even if that person is a business invitee.

The hills and ridges doctrine recognizes the fact and responds to the situation that a landowner cannot be responsible continuously for ice and snow if he did not have a reasonable opportunity to correct the situation. The hills and ridges doctrine provides protection to persons in control of the property on which the slip and fall occurs on ice or snow. However, there is some confusion as to the applicability of the hills and ridges defense which is only available when the snow was caused by a natural accumulation of ice or snow. To establish liability upon the landowner, a claimant must prove each of the following elements were present:

1. The ice and snow had accumulated on the sidewalk or walking surfaces and ridges or elevations that are unreasonably obstructed to travel or a danger to persons traveling on the walk.

2. That the defendant property owner knew or should have known of the existence of such conditions.

3. That it was a dangerous accumulation of ice and snow that caused the plaintiff to fall.

The first essential is commonly known as the hills and ridges doctrine. This doctrine protects an owner or occupier of land from liability for “generally slippery conditions resulting from ice or snow where the owner has not permitted the ice and snow to unreasonably accumulate in ridges or elevations.” In theory, the law states it is unfair to require that one’s walkway always be free of ice or snow which would impose an impossible burden in view of climatic conditions in Pennsylvania.

If you or a loved one has been involved in a fall as result of accumulation of ice or snow, please contact one of our experienced slip and fall and premises liability lawyers for a free consultation.

Not so surprisingly slip and falls are the most frequent premise liability or accident types for both guests and employees of hotels. In fact, according to a recent study, slip and falls at hotels accounted for 42% of all claims with security related types of claims another 40%. Many times these two types of claims are inter-related. In a hospitality or hotel setting falls usually happen on stairways, balconies, ramps, and parking lots but most commonly in bathtubs or showers. Important factors usually involved in these falls are the presence or non-presence of handrails/guardrails, the presence of a non-slip surface, adequacy of lighting, and failure to maintain a slip resistant surface.

A static coefficient of friction is the benchmark used to maintain surface safety. Minimum slip resistance in a bathtub should be 0.5 for wet and dry guest bathroom facilities. There are many bathtub treatments and cleaning procedures which can make a bathtub or shower area slip resistant and safe. The hotel operator/owner is liable for a premise liability slip and trip or fall if an injury occurs as a result of a dangerous or hazardous condition on the property which could have been prevented or easily avoided even if the hazard is not obvious but known or should have been known to the owner.

It is important for all hotels to maintain their shower and bath areas and document the cleaning and maintenance procedure. Bathtubs should be continuously cleaned and degreased and treated with a skid and/or slip resistant treatment.

In our premise liability law practice, we unfortunately have dealt with too many cases involving broken bones and even more serious injuries as a result of hotels failing to properly maintain their facilities. Bathtub and bathroom safety is highly important. These claims are fought hard by insurance companies representing the hotel.

If you or a loved one has suffered a slip and fall accident in a hotel, it would be wise to have an experienced hotel premise liability attorney investigate your claim to determine the cause of the accident and whether or not you are eligible for compensatory damages.

‘Twas the weekend before Christmas and the biggest snow storm in decades struck Philadelphia and the surrounding metropolitan area. Roads were slick and many businesses remained open in an effort to keep profits going in a tightening economy. I started to leave my house and drive what I thought was a clearly plowed road, hit black ice, and sustained a bit of property damage to my vehicle when I slid into a fence. I decided to take the train to work and was curious to note that on Monday morning, two days after the snow, many pathways had not been shoveled or salted and I am proud to say that the path of entrance to our office was as clean as could be - salted and dry with no ice or snow.

The premise liability law of Pennsylvania imposes a duty on all property owners to keep their property safe for people who have a right to be there. The owner of the property must properly remove ice and snow and salt or place down a non-abrasive surface to all entrances, pathways and parking lots. As Monday, December 21st was two days after the snowfall and the day before was a day when most responsible people were clearing their sidewalks or shoveling, one would reasonably believe that the owner of any property would have had a reasonable time to correct any defect. Obviously it is unrealistic to remove snow consistently throughout a snow storm. However, if a day or two passes and the weather is sunny and clear, the owner is reasonably expected to salt, sand and shovel to prevent injuries to innocent passersby.

If you have been injured in a fall on ice or snow, you might want to consider contacting one of our experienced premises liability lawyers to carefully investigate your situation to determine if there is a cause of action as icy and snowy conditions are some of the most common causes of slip and fall accidents. If you are driving on the roadways, be especially careful with a hazardous condition known as black ice.

Harley Davidson informed the National Highway Traffic Safety Administration (NHTSA) that they discovered a product defect that could affect 111,600 motorcycles being recalled for consumer safety according to a notice posted on December 11, 2009. Harley Davidson is recalling the 2009/2010 Touring, CVO and Trike Motorcycles due to a hazard where fuel tanks may leak after a crash causing fire, injuries or fatalities.

Also on the subject of potential fuel leak hazards, Subaru announced a recall of 5,700 of its 2002/2003 Impreza WRX models due to potential fuel tank hazards which could cause a fire under extremely cold temperatures according to the safety organization. Subaru had received close to a 1,000 complaints from consumers who reported a fuel leak or the smell of gas, as well as a report of fire.

If you own any of the vehicles involved, you are well advised to take your vehicle to a Harley Davidson or Subaru dealership for the recall. The Philadelphia product liability law firm of Reiff & Bily specializes in cases involving catastrophic injuries and fatalities involving defective motor vehicles and the integrity of their fuel systems.

If you or a loved one has been injured as a result of the same, please contact one of our experienced defective product lawyers for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

The government and window covering industry announced a massive recall involving more than 50 million roman style shades and roll-up blinds due to a high risk of strangulation by the cords. Since 2006, sixteen near strangulations from roman shades and up to three deaths connected to roll-up blinds have been reported.

Salutations to safety advocate Linda Keiser who tragically lost her daughter to a window blind cord and has been steadfast in her efforts to prevent further injuries and harm. Keiser claims that window treatment cords have killed 104 children since 2000 and she has been aggressively pushing to remove them from the market. It is simply not enough to allow a loop to fit over a child’s head with minimal effort resulting in a hanging or strangulation of a child. CPSC informs consumers to immediately stop using the recalled products and asks them to contact the window covering safety council for a free repair kit at 1-800-506-4636 or by visiting www.windowcoverings.org.

If you or a loved one has suffered an injury or fatality due to a defective product, please feel free to contact the experienced Pennsylvania product liability lawyers at Reiff & Bily for a free no obligation consultation.

I was shocked to find a set of used Saturn S airbags for sale on EBay for a bid of $19.99. The heading stated “They will make a great replacement for your damaged airbags and are ready to be installed.”

As a lawyer who handled catastrophic injury cases involving defective airbags, I was somewhat dismayed to see this advertisement due to the fact that the airbag is probably one of the most important safety features of any car. An airbag is intended to protect the driver or passenger from severe injuries or death in a crash. Airbags must be installed in accordance with the manufacturer’s specifications which requires a certain amount of expertise. In particular, the ad noted that the seller made no warranty, express or implied, as to the fitness of the used airbags and they were being sold “as is.” Furthermore, the ad noted that the used airbags were not tested to meet any safety standards and the only guarantee was that the parts will fit the vehicles listed.

As an experienced airbag defect lawyer, I have handled many cases involving airbag defects, and even with expert installation by the manufacturer, I feel so strongly about purchasing and selling used airbags that I am forced to speak out. It is possible that while installing or servicing an airbag, it could improperly explode and cause extreme injuries. Airbag installation and servicing requires expert training and one should not look to save money on such essential safety equipment. In my humble opinion as an airbag defect lawyer, this may be a catastrophic accident and tragedy waiting to happen.

A tragic incident occurred on the SEPTA El on December 13, 2009 at approximately 3:30 p.m. at 30th Street Station. A person was hit by the Market-Frankford El while it was pulling into the station and the person was pronounced dead at the scene. The police are still investigating the cause of the accident with SEPTA individuals. SEPTA officials will be working with the police to try to determine if any safety procedures were violated. Normally an investigation like this can take many months.

Our hearts and prayers go out to the family and friends of the victim for their tragic and heartbreaking loss and we offer our deepest condolences to them. The primary cause of train accidents are human factors, track defects, equipment defects, and miscellaneous causes. The Federal Railroad Administration Office of Safety Analysis on its website reveals a concerning amount of train fatalities and serious accidents throughout the Commonwealth of Pennsylvania from the year 2008 to 2009. In a tragic case such as this, it would be in the best interest of the family of the deceased to consult an experienced Philadelphia personal injury lawyer to analyze all aspects of this unfortunate accident and to make sure the victim’s legal rights are protected.

The experienced train accident lawyers at Reiff & Bily have experience looking into whether or not there was a dangerous condition at the train station, whether or not there was any violation of safety standards that contributed to the death of the victim. If there is a claim against any governmental agency, there are strict time limitations in which to report the same. It should not be overlooked and should be immediately addressed.

Recently a woman who fractured both ribs when she fell off a bouncing and balance device at her gym recovered over $1 million dollars. The 49-year old woman fell off a Bosu balance trainer during a session with her personal trainer and claimed that she suffered from complex regional pain syndrome. The woman sued the trainer and the gym claiming that the trainer had her use the equipment in an improper manner. She also sued the maker of the exercise device claiming that the warnings were inadequate. The jury awarded her $2.1 million dollars but a high/low agreement capped the award at $1 million dollars. The jury exonerated Fitness Quest, the maker of the Bosu device.

In the past, the experienced premises liability and catastrophic injury lawyers of Reiff & Bily have represented a karate student who sustained permanent injuries when struck by an instructor. Additionally, we have successfully litigated a case in which a client was permanently injured during the introductory period for a membership to gyms.

If you or loved one has been injured by a personal trainer or at a gym and would like a free consultation to discuss your rights, please feel free to contact one of our experienced premise liability and personal injury lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

Obviously, as news reports indicate, obesity in an increasing problem with Americans today. Approximately 35 to 40 million Americans are estimated to be obese and you cannot watch television for more than an hour without seeing a commercial for one of the latest diet plans. As the diet and exercise business is growing, it is estimated that billions of dollars will be spent this year on diet food products. These diet plans are not for everyone and may present health problems for many. Although the commercials show amazing results and the product seems unbelievably perfect, many of the diets are not scientifically researched and can cause serious health consequences, including but not limited to cardiac dysfunction, changes in lipids and sometimes death. If you are on a diet plan, it is important that you contact your physician and get tested regularly to insure progress and safety.

If you or a loved one has suffered a serious injury or death as a result of a diet plan, you may want to contact one of our experienced Philadelphia personal injury lawyers for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

A U.S. District Court judge, James M. Munley, ruled that a woman from Moscow who was sprayed with deicing fluid while boarding a plane at the Wilkes-Barre/Scranton International airport can sue the commuter airline (Mesa Airlines) and the company that deiced the plane. The victim claims that she sustained severe and permanent injuries to her eyes and neck and severe permanent shock to her nerves and nervous system. She was initially treated by attendants on the plane and flew to Philadelphia where she changed planes for a flight bound to Orlando, Florida. When the plane arrived in Orlando, she went to the hospital to seek more treatment and according to news sources, the victim claims she has ongoing problems with her vision and suffers from a lack of eye tearing.

At the Philadelphia airline and premises liability law firm of Reiff & Bily, we have been successfully prosecuting claims against airlines and airports for injuries that occur while traveling on airplanes, entering or exiting airplanes or while on premises associated with airplanes including but not limited to airports and jetways. As airline travel becomes more analogous to Greyhound bus travel, it seems that many airline agents, servants, and employees do not take customer safety as seriously as they once did often resulting in easily preventable injuries.

If you or a loved one has been injured in an airplane or airport, please contact one of our experienced lawyers for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

I recently had the occasion to stay in a “hip” modernistic and minimalist hotel frequented by models and show biz personalities. In the bathroom of the hotel was a non-doored shower with a concrete floor that was painted with one of the most slippery surfaces I had ever been on. As a matter of fact, (not that I am not the most agile person) but I fell down and almost killed myself while exiting the shower. As the hotel was not shy about charging top dollar, and despite its celebrity clientele, it seemed to me that this hotel took an old building and tried to make it as hip as possible by using the most minimalist of improvements, including in my opinion sacrificing safety factors. The hospitality industry must be committed to providing a safe environment for its guests. It owes its guests the highest duty of care to ensure further safety and security.

By the way, the hotel lobby had a very sheik and crowded bar and many people left the same for their rooms in what I shall describe as an impaired state of euphoria and not fully aware of their senses. Guess what their first stop probably is upon entering their rooms?

Continue reading " En Vogue Minimalist and Modernistic Hotel Had One of the Most Hazardous Bathrooms I Have Ever Visited - Accidents Waiting To Happen " »

As an avid bicycle rider for the past 48 years and a person who often bicycles in excess of 30 miles a day when the season permits, I have come under attack lately by bicyclists responding to my legal blogs due to the fact that I have been asking car drivers and bicycle riders to balance and respect the needs of each other. Many of the cyclists and my readers are aware that City Council has made proposals that would impose additional laws and restrictions upon bicyclists together with added fines. Those who are responsible and safe bicyclists should not worry about the same. I believe as an experienced Philadelphia car accident and bicycle accident attorney, who handles some of the most serious catastrophic injury and death cases involving the interplay of cars and bikes, that a minority of cyclists act irresponsibly as indicated in the deaths of two Philadelphia men who died last month after being struck by cyclists. Of course, as is the case with other vehicle operators, this thankfully reflects a minimal percentage of cyclists.

When I walk down the streets of Center City, I am often times almost struck, and in the past have been struck by messenger services or other bicyclists riding illegally and irresponsibly on the sidewalk against or behind pedestrian traffic rather than operating their bicycles in the lanes that are designated for bicyclists.

Continue reading " Experienced Philadelphia Bike and Car Accident Attorney and Bicyclist Gets Slammed By Fellow Bicyclists " »

According to news reports, a Frankford man died while waiting to see a doctor in a Philadelphia hospital emergency room. The experienced medical malpractice lawyers at Reiff & Bily send their hearts and prayers to the family of Joaquin Rivera, age 63, who went into distress according to records at 10:56 p.m. He was struggling to breathe, brought his hand to his chest, and then fell still in his seat only to have his watch stolen 39 minutes later by one of the other emergency room occupants. Approximately 50 minutes after Mr. Rivera stopped moving, hospital personnel noticed that he appeared to be dead a witness in the waiting room told the police. According to news reports, Mr. Rivera came to the hospital emergency room complaining of symptoms and pains in his arm and when he appeared to be dying had his hands over his chest which would indicate that he was having chest pains. The family of Mr. Rivera would be well advised to seek the services of an experienced Philadelphia medical malpractice lawyer as it appears that hospital personnel did not act in accordance with emergency standards of procedure and care for someone who comes into the hospital with such symptomology. This case should be fully investigated by the State Department of Health, the hospital, police department and a medical malpractice lawyer who is well versed in this area of the law. According to news sources, a similar event happened in November 2007 when a woman also complaining of chest pains and had received an abnormal EKG also died in the emergency room’s waiting area.

From my own personal standpoint, I just visited a well known local hospital emergency room with my father who was gravely ill and was astounded by how crowded and understaffed the same was. Had I not been forceful or insistent for rapid and proper care on behalf of my parent, a tragic outcome most likely would have occurred.

Hospital emergency room malpractice and errors are all too frequent occurrences. Over 250,000 people die each year from emergency room errors in the U.S. This tragic and unfortunate situation illustrates that malpractice in an emergency room often leads to tragic and fatal results. Delays in treatment or care can result in serious and permanent injuries or fatalities. If you or a loved one has suffered a serious injury or death due to hospital emergency room negligence, please feel free to contact one of our experienced Philadelphia medical malpractice lawyers for a free, no obligation consultation.

As an experienced Philadelphia product liability attorney, I am constantly reading about the latest product recalls and am aware of numerous safety defects with children’s toys and other products that often result in catastrophic injuries and fatalities. When shopping for children’s toys, it is important to consider detachable parts or sharp objects which could harm a child. To determine if a toy or product is safe or has been recalled, one can always visit the Consumer Product Safety website at www.cpsc.gov. If you are using a product that you deem to be unsafe, it is important to report the product to the Consumer Product Safety Commission.

Recently there was an extensive recall of children’s metal pendants featuring animations of cartoons under the names of “Bleach,” “Death Note,” “Naruto” and “One Piece.” These were sold at toy shops nationwide from November 2008 though March 2009 for between $3 and $4. The items were manufactured in China and according to the Consumer Product Safety Commission, they contain high levels of lead which is toxic if ingested by young children.

If you or a loved one has been injured by a defective and unsafe product, please feel free to contact one of the experienced defective product liability lawyers at Reiff & Bily for a free no obligation consultation. Reiff & Bily is committed to promoting consumer safety.