Philadelphia Injury Attorney Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As an experienced Pennsylvania catastrophic personal injury and wrongful death lawyer who has handled many death cases since 1979, I was astounded at the minimal fines imposed by federal safety officials against a Camden chocolate plant on January 11, 2010. Inspectors from the Occupational Safety and Health Administration cited Morristown, New Jersey based Lyons and Sons Inc. and Cocoa Services LP for failing to install safety railings above tanks or post warning signs of potential hazards. Federal Safety Officials fined the Camden chocolate plant $39,000 for safety violations following the death of a factory worker who fell into a vat of chocolate last summer.

According to news sources on the morning of July 8th, Vincent Smith (a temporary worker who had started at the plant two weeks earlier) was loading raw cocoa onto a 8 foot melting and mixing tank when he fell into liquid chocolate and was struck on the head by a rotating panel. The plant was temporarily closed and the City of Camden fined them $1,152 when the inspectors discovered that the plant was operating without a mercantile license. Inspectors also noted multiple plumbing and electrical problems on the property.

In injury and death cases like this one, life is changed in an instant for the survivors of the deceased. In this experienced wrongful death attorney’s opinion, under the circumstances the fine appears to be de minimis. Our thoughts and prayers go out to the family of Vincent Smith II now and at the time we first heard of this tragic accident and we hope that his legal interests are being represented by an aggressive and experienced wrongful death lawyer seeking proper compensation for the tragic loss of his life from these safety violations.

As an experienced Philadelphia car accident and products liability lawyer since 1979, I see many cases where an inexperienced lawyer goes for the “easy A” and settles a potentially large personal injury case while failing to recognize other avenues and theories of recovery. Commonly in serious car accident cases there is often an element of defective product design or product failure involved such as a seat back failure, seat belt failure, or airbag failure. Each year these types of product defects lead to serious and catastrophic injuries by thousands of Americans. Although a governmental agency known as NHTSA is supposed to be addressing these problems, I find that they drag their feet and are not as aggressive as they should be.

Recently the Los Angeles Times published an article entitled “Auto Safety Agency Labors To Keep Pace” noting that the National Highway Traffic Safety Administration has looked into forcing automakers to build stronger seats and considered new rules in the 1990s but declined to issue them due to automakers’ objections that the matter needed more study. In 2004 the agency formally shelved the issue. The largest fine ever issued by NHTSA for a seat back defect was $1 million dollars which is small change for auto manufacturers with billions of dollars in annual sales.

Despite NHTSA investigating sudden acceleration problems involving Toyota and Lexus motor vehicles since 2003, the problem persisted, ultimately leading to a massive 4.2 million vehicle recall that was initiated by the automaker in the hopes of putting the matter to rest.

If you or a loved one have been involved in a serious car accident, it pays to seek an experienced lawyer familiar with not only simple automobile crashes but also with the complexities of automotive product liability litigation. For a free no obligation consultation, please contact one of our experienced Philadelphia car accident lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

A serious concussion and closed head injury is often a major consequence of falling down very hard on ice or snow. Blunt impact and jarring of the head against a hard surface can cause a concussion and concussions can lead to serious complications at the outset, including but not limited to blurred vision and headaches. If these symptoms continue for a long time, they may be signs of hemorrhaging, clots or even stroke. Last March we learned of the tragic death of actress Natasha Richardson who while taking a ski lesson tumbled and fell striking her head. There was no external sign of injury, no cut or bleeding but she started having headaches a short time thereafter.

As an experienced Philadelphia slip and fall lawyer with a specialty in closed head trauma and brain injury, I have investigated many cases where individuals have fallen or have sustained a blunt trauma to their heads. Resulting injuries have ranged from concussions with lasting consequences as a result of post concussion syndrome all the way to skull fracture, brain hemorrhage and sometimes even tragically coma and death.

If you sustained any type of head trauma as a result of impact to the head or a slip and fall, it is extraordinarily important to receive prompt and proper medical care. It is best to err on the side of caution when it comes to head trauma. Even a minor blow can cause a slow bleed and have devastating consequences.

This often frustrated traveler and airline safety attorney sends kudos to the Department of Transportation who responded to tarmac horror stories by ordering federal airlines to let passengers stuck in stranded airplanes to deplane after three hours. Under the new regulations, airlines operating domestic flights will be only able to keep passengers onboard for three hours before they must be allowed to disembark. The regulation provides exceptions only for safety and security or if air traffic control advises the pilot in command that returning to the terminal would disrupt airport operations. Airlines will now be required to provide food and water for passengers within two hours of a plane being delayed on a tarmac and maintain an operable lavatory. They must also provide medical attention when necessary.

From January to June of 2009, 613 planes were delayed on tarmacs for more than three hours with their passengers kept onboard. These regulations will go into effect within 120 days from Monday, December 21, 2009. The airlines have strongly opposed a hard limit on tarmac strandings and predict in their own inimitable fashion that flights will be canceled, further delaying passengers from reaching their destinations. Indications are that airlines will be fined $27,500 per passenger over the three hour maximum limit set.

My wife, son and I were once kept “falsely imprisoned” on an airplane for over six hours with an inoperable lavatory with no food or water and Gestapo type stewardesses yelling at people to remain in their seats.

If you or a loved one has been subject to breach of airline safety or sustained an accident while on an airplane or in an airport, please feel free to contact one of our experienced airline and airport safety lawyers at 1-800-421-9595 or online at www.reiffandbily.com.