Philadelphia Injury Attorney Blog

Investigators from the National Transportation Safety Board have determined that Northwest Airlines flight 188 overflew its destination airport by more than 100 miles and failed to maintain radio communications because pilots became distracted in a conversation unrelated to the operation of the aircraft. While there were no reported injuries as a result of this concerning event, it is important to note that common carriers, including airplanes, trains, railroads, and buses, owe the highest and utmost duty of care to the precious cargo that they transport. It doesn’t take a genius to figure out the probable severity and catastrophe that could occur and the resulting consequences of the pilot of an aircraft not paying attention. Many tragic deaths and life changing events occur as a result of such negligence and failure to pay attention to the safety of the passengers.

After applying decades of experience in catastrophic injury cases, our experienced lawyers can go the extra distance to investigate and recover key factors in aircraft accidents, trucking accidents, and railroad accidents. We carefully evaluate employee screening, training procedures, and background checking of the operators for substance abuse, sleep apnea, prior violations and other problems. Our primary mission at Reiff & Bily is to hold powerful, wealthy corporations responsible for putting profitability above consumer and public safety. We believe that pilots, drivers, and railroad operators ought to pay attention to the job at task rather than become distracted in conversations which ignore the safety of passengers.

As an experienced Philadelphia amusement accident lawyer familiar with the often shoddy maintenance and inspections at amusement parks, today I salute the efforts of the operators of King’s Island for closing the famous Son of the Beast roller coaster. When Son of the Beast opened 10 years ago as the world’s tallest and fastest roller coaster, it was a huge crowd draw. However, it had an infamous reputation for causing injury and also requiring cost and repairs. According to news sources, King’s Island had reported $30 million dollars in the Son of the Beast. However, its record of injuries and accidents indicates that perhaps there were too many problems to operate the amusement ride safely.

In July 2006, 28 people were injured on the roller coaster when the coaster hit a bump caused by broken wooden timber. That amusement park accident led to a year long close of the ride and renovations included lighter train rides and removal of the coaster’s famous inverted loop. Last June the roller coaster was closed again when a woman suffered a head injury while riding. This particular roller coaster has had more amusement injury investigations than any other amusement ride in the state of Ohio according to a report noted in the Cincinnati Inquirer. The General Manager of King’s Island stated that perhaps the ride will open one day but was not specific about what improvements would have to be made for it to it rolls again.

If you or a loved one has sustained an injury in an amusement park accident or carnival accident, please feel free to contact one of our experienced amusement and carnival accident lawyers for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Graco Children’s Products of Atlanta voluntarily recalled over 1.2 million of their highchairs due to alleged stability issues which will affect 65 different models of Graco’s Harmony highchair. The chairs, which are no longer produced by the manufacturer, would have been manufactured and sold between November 2003 and December 2009. The recall came after the manufacturer received over 464 reports of loose screws and falling brackets. The malfunction would cause a highchair to flip over if the user moved in the wrong direction. These Graco chairs originally sold for $120 and would have been found in a variety of department stores, including but not limited to Sears, Babies “R" Us, Target and WalMart.

If you or a loved one has a child that has sustained an injury as a result of this allegedly defective product, please feel free to contact one of our lawyers online for a free, no obligation consultation.

As an experienced automotive product liability lawyer who has successfully prosecuted sudden unintended acceleration cases and other automotive product defects since the late 1970s, I am often aware that the automobile manufacturers attempt to blame the problem or situation on driver error. In fact, I currently own a BMW vehicle that has suffered from sudden acceleration on more than 5 occasions and yet the dealer is unable to replicate the problem. At first I thought when my wife complained about the problem, she was crazy or paying too much attention to the recent Toyota media deluge. However, I had a sudden, unintended acceleration event happen to myself on 2 occasions and yet the dealer suspiciously claims there is no issue with the car at all.

In the mid-1980s Audi also had a problem where consumers stated that their Audi 5000 were uncontrollably accelerating and there had been a number of deaths and accidents. As a result, the U.S. government undertook an enormous study of sudden acceleration. The conclusion of the 1980s report was unwavering that the problem was really driver error - people not cars. I can understand how the average individual can believe that someone panics at the wheel and hits the gas instead of the brakes just as I had assumed that my wife had done the same. However, the recent events concerning Toyota and Mark Saylor, the off duty police officer who experienced a deadly episode of sudden acceleration, precipitated an investigation Toyota claims may have been the turning point for changing opinion. Police officer Saylor calmly made a phone call to explain his problem that was recorded across the airways. It became the big story on the 24 hour cable news networks and papers. One thing is for certain, that with the deluge of publicity and the government and devoted attorneys committed to the cause of improving driver safety, we may finally get to the heart of the sudden unintended acceleration mystery.

The automotive product liability and Philadelphia car accident lawyers at Reiff & Bily have long been committed to consumer safety and have steadily fought manufacturers who place profits over consumer safety. If you or a loved one has been involved in an accident resulting from sudden unintended acceleration, please feel free to contact one of our experienced lawyers at 1-800-421-9595 for a free no obligation consultation or online at www.reiffandbily.com.

With mounting Congressional probes, mushrooming lawsuits and a federal probe into the reporting of sudden unintended acceleration defects, the risk of criminal charges against Toyota has been raised. The legal stakes are high for Toyota because it is the first automaker embroiled in major safety issues since tough new criminal penalties became law after rollover recalls in 2000 involving Ford Explorers and Firestone Tires. The Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act for the first time made individuals who intentionally mislead federal regulators about safety defects subject to possible criminal fines and/or prison.

Toyota revealed last month that a federal grand jury in the Southern District of New York subpoenaed documents relating to sudden acceleration in various vehicles and braking issues in the Prius. The National Highway Traffic Safety Administration is investigating the timeliness of Toyota’s reporting of its sudden unintended acceleration complaints and fixes. Transportation Secretary Ray LaHood stated that Toyota could face civil penalties but the grand jury subpoenas signal that the United States Attorney for that district has a criminal investigation underway. NHTSA has often worked closely with the Justice Department in high profile safety investigations. Toyota claims it reported in a timely manner and is complying with all subpoenas. The Justice Department will not comment.

If you or a loved one has sustained an injury due to a Toyota defect, please give one of our experienced Philadelphia car accident lawyers at Reiff & Bily a call for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

It was astounding to read that Toyota’s training of workers to maintain quality control failed to keep up with the company’s rapid growth according to Toyota President Akio Toyoda in an interview with Major Business Japanese Daily. Toyoda apologized for Toyota’s missteps in dealing with the aspects blamed in dozens of fatalities. He told members of Congress that his company’s rapid growth had “confused" their priority placed over safety.

As an experienced catastrophic injury lawyer specializing in automotive defects, I have been ever aware of the fact that many of the automobile manufacturers continue to place an emphasis on profits rather than consumer safety. I do not believe that Akio Toyoda’s words will bring great comfort to the families of those who were catastrophically injured or tragically killed as a result of deficiencies in training and workmanship caused by rapid growth expansion of his company.

As an experienced Philadelphia automotive product liability attorney, I have investigated cases of sudden acceleration numerous times since 1979. Initially in the early days, I must confess that I believed that mostly driver error was to blame and that I was somewhat suspicious of an automotive product defect. Recent news stories indicate that there have been over 1,500 complaints of sudden acceleration noted on Toyota models, not included in the 5.6 million already recalled vehicles.

My wife drives a new BMW 530 series and I have noticed at least five occasions of sudden, unintended acceleration and have taken the car to the dealer and it is often difficult to replicate the circumstances of the same and I am starting to understand the difficulty that the manufacturers and dealers have repairing the system without a definitive diagnosis.

Continue reading " The Mystery of Sudden Acceleration Continues To Plague Automobile Manufacturers - Some Suggest Cosmic Waves Are To Blame " »

Despite the fact that Toyota is all over the headlines lately with noted auto product defects concerning sudden unintended acceleration, there is light at the end of the tunnel. As an experienced automotive product liability lawyer for over 30 years, I can recall that in 1978 a design flaw caused gas tanks to explode on Ford Pintos when they were in rear-end collisions killing 27 people. An internal Ford memo showed that Ford execs had weighed the cost of recalls ($129 million dollars against estimated lawsuits of $50 million dollars). Under pressure from NHTSA and Ralph Nadar, Ford recalled 1.5 million Pintos in 1978 and the brand was scrapped in 1980.

Fast forward to the year 2000 with the Ford Firestone debacle where tread separation on some lines of tires caused many Ford Explorers to roll over with a reported 250 deaths and over 3,000 catastrophic injuries. Ford and Firestone engaged in an ugly public feud over who was to blame. The response was that Firestone recalled all 6.5 million of its tires on the road and all but 200,000 were brought in and replaced for free. In 2001 Firestone cut ties with Ford, recaptured market share and turned a profit in two years.

Continue reading " Although There Has Been Much Bad News in the Press Concerning Safety of Automobiles, the Good News Is That Traffic Deaths Have Decreased As Automakers Strive To Make Safer Vehicles " »

Although Toyota Motor Corporation’s statements indicate that internal testing has ruled out electronic problems as the cause for sudden acceleration, the automaker is reluctant to provide results from those tests and make employees with personal knowledge of the testing available for professional interviews. As an experienced automotive product liability attorney familiar with the hide and seek game played by auto manufacturers, I am not sure that I understand Toyota’s basis for repeated assertions that it is confident that there are no electronic defects contributing to the incidents of sudden unintended acceleration. Certainly the fact that more than 60 people have complained of sudden acceleration incidents after repairs by Toyota as part of their recall seems to shed doubts on the credibility of Toyota’s assertion. Basic and immediate substantiation of Toyota’s claims is called for and warranted in view of these circumstances.

First we were told by Toyota that the problem was with floor mats and stuck accelerator pedals. Then there were other convoluted explanations. Frankly, I am not so sure that Toyota is even aware of where their problem rests and perhaps they should take some of the money they spend on advertising their integrity and earmark it for a more rigorous testing of their vehicles for possible electronic defects. I am aware of an instance where an expert from the Southern Illinois University stated that he had been able to defeat a key safety feature in Toyota’s electronic throttle safety system.

The automotive product liability law firm of Reiff & Bily is committed to consumer safety resulting from automotive design or manufacturing defects.

According to news sources and statistics, there is an epidemic rise in bicycle accidents in Philadelphia and surrounding Pennsylvania communities. Over the past years, I have received a number of calls from riders and their family members who have been catastrophically injured and sometimes tragically killed as they seek to determine who is the best Philadelphia bicycle accident lawyer to represent them or their families. Of course, who is the best lawyer to represent a victim is a subjective decision but this active bicyclist lawyer suggests that over 30 years of experience and knowledge of biking laws would go a long way to determining qualifications that qualify for the best.

I have been an active bicyclist for the last 40 or 45 years and a bicycle accident lawyer since 1979, and I have been the unfortunate victim of multiple bicycle accidents causing significant injuries. I have had my share of lacerations, stitches, casts, and damage to my bicycle beyond repair due to the fact that other individuals on the roadway were not paying attention and struck me while I was lawfully riding one of my bicycles. I am really one of the lucky victims of bicycle accidents and have witnessed claims of many innocent and law abiding bicyclists being killed due to the negligence of others.

Continue reading " Who Is The Best Bicycle Accident Lawyer To Speak With If I Am Injured In A Bicycle Accident? " »

A 7-year girl was gang raped at a crime-ridden apartment building in Trenton, New Jersey after her stepsister sold her to a group of men at a party according to news sources. The incident occurred at Rowan Towers owned by Interstate Realty and Management Company. According to news sources, there have been many lapses of security at this apartment building despite complaints by tenants requesting cameras and a lot of other things to improve their security and safety concerns. A spokesperson for the owner stated that they lack the expertise to handle security on their own and will hire an outside consultant. The apartment complex sits on a stretch of West State Street near downtown Trenton surrounded by blocks of abandoned and boarded up homes, yet it is fronted by a well manicured lawn and features a colorful playground and basketball courts. Safety and privacy of tenants and residents should be and must be a top priority for owners and operators of apartment homes. As this case reveals, many times this is simply not the case. Many times accidents such as this occur at apartment complexes due to poor lighting, inadequate security, and lack of easily affordable technology and security devices such as closed circuit cameras. Because of such inadequate security, many unsuspecting guests or tenants are robbed, shot, killed, raped, stabbed, or assaulted.

Continue reading " Rape Of 7-Year Old At Apartment Building Spotlights Inadequate Security Issues " »

The dictionary defines hope as the belief in a positive outcome relating to the events and circumstances in one's life. Hope implies a certain amount of despair: wanting, wishing, suffering or perseverance, believing that a better or positive outcome is possible even when there is some evidence leading to the contrary.

The term false hope refers to hope highly based on fantasy or an extremely unlikely outcome.

At the law firm of Reiff & Bily, our lawyers understand and respect the value of hope. It is our job to communicate the plaintiffs dreams and hopes to the insurance companies and ultimately to the juries who hear our cases. It is our job to prove what the plaintiff was capable of doing prior to an incident and identify the compensation necessary for the plaintiff to recognize the fulfillment of his dreams and goals. The lawyers of Reiff & Bily are not afraid to ask the insurance companies or juries to fully compensate plaintiffs for the loss of their dreams and hopes.

Hope was personified in Greek mythology as Elpis. When Pandora opened Pandora's box, she let out all of the evils except one known as hope.

In law, damages refer to the money awarded to a claimant, also known as a plaintiff, following a successful claim in a civil action. Damages in personal injury or tort affairs are generally awarded to place the plaintiff in a position that he or she would have been in had the tort or action not have taken place. Compensatory damages compensate the plaintiff for pain and suffering and loss of amenities and losses of hope. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of life's pleasures, frustration, humiliation, degradation, and a non inclusive list of other factors. This is not easily quantifiable and depends on the individual circumstances. We refer to it as, what is the value of hope? What is the value of the loss of a plaintiff’s dreams and hopes that he had prior to the incident? We seek to recover full compensatory damages generally to place the plaintiff in a position in which he would have been had the offense or tort not taken place.

Continue reading " My Pennsylvania Personal Injury Attorney Reinforced the Value of Hope " »

As a result of the recent Toyota safety debacle and the massive amount of publicity surrounding these events, the Obama Administration is considering mandating brake overriding crash recording technologies and considering new rules of design of automobiles, including sophisticated and advanced brake technology and black boxes that record crash data and are easily downloaded. U.S. Transportation Secretary Ray LaHood stated, “We are looking at the possibility of recommending brake override systems to manufacturers of all automobiles." The system under consideration would allow the driver to override the accelerator by returning to idle if both the gas and brake pedals are being pressed at the same time, thus preventing an unintended sudden acceleration. Senator John D. Rockefeller has also stated that new laws may be created to expand federal authority over automotive safety issues to ensure that another massive recall does not occur.

While mistakes commonly happen and unforeseen consequences happen in the automotive design industry, one thing is for certain that more teeth and government regulations will go a long way to reduce tragic consequences.

The experienced automobile product liability lawyers at Reiff & Bily are committed to promoting consumer safety.

A recent story published in The New York Times on Friday, March 10, 2010 highlights a situation that often flies under the radar, namely the dangers of bed rails on beds used in nursing homes, assisted living facilities and hospitals. In 1995, the FDA put out a warning noting entrapment dangers posed by bed rails. Many states put out an alert regarding bed rail dangers earlier than that date.

Bed rails were designed to be safety devices analogous to seat belts in cars and meant to keep sick people who are drugged, confused, or restless from falling or climbing out of bed in hospitals or nursing homes. The Times reports that after reviewing cases of elderly people being injured or killed in bed rail accidents, the reality is different. Rails decrease the risk of falling by 10 to 15 percent but they increase the risk of injury by about 20% because they change the “geometry of the fall" according to expert geriatrician and bioethicist Steven Miles of the University of Minnesota.

Confused or demented patients who try to climb over the rails instead of falling from a lower level and landing on their knees or legs are apt to fall further and strike their heads, but the greatest danger is entrapment with patients getting stuck within the rails or between the rails and mattresses.

Last year, according to the Times story, the Food and Drug Administration tallied 480 deaths, 138 injuries, and 185 close calls involving hospital beds over a 24-year period. Dr. Miles believes that those statistics represent only a small fraction of all accidents, most of which go unreported.