Philadelphia Injury Attorney Blog

I recently had the opportunity to review a claim where an 8-year old boy was killed after accidentally being run over by his father’s lawn mower. Tragic lawn mower incidents such as this, as well as traumatic amputations, are very common when using lawn mowers. Just last week, I met with another client who was an experienced lawn mower operator who lost several digits of his feet and required surgical procedures due to a Pennsylvania local lawn mower accident. There has been a tremendous increase in lawn mower injuries nationwide. Yet many of these injuries are easily preventable. Every year approximately 100,000 Americans require hospital treatment due to injuries caused by lawn mowers. Most injuries involve children under the age of 15 and adults age 60 or older. The most common injuries are caused by strikes from debris such as rocks and branches propelled by the mower’s blades, slipping and falling under the blade, improper servicing or design of a lawn mower, mowing on steep hills or embankments, and failure to pay attention. Almost every lawn mower injury is preventable.

The following safety tips should be followed:

1. Keep children under the age of 6 inside your home when your yard or an adjacent yard is being mowed.

2. Don’t let kids ride as passengers on mowers or let them be towed behind mowers.

3. Don’t let kids play on or around mowers.

4. Don’t let kids operate mowers unless they show you they have the strength and know how to operate a mower safely.

5. Don’t let a child operate a hand or power mower until he or she is 12-years old and don’t let a child operate a riding mower until he or she is at least 16 and has the proper maturity.

6. Wear sturdy shoes, not sandals, during mowing.

7. Before mowing, pick up toys, stones and debris in the mowing area.

8. Always wear eye and hearing protection during mowing.

9. Motor blades should only be adjusted by adults.

10. The lawn mower should be serviced regularly.

11. Never pull backward on a mower or mow in reverse. If it is absolutely necessary to do so, carefully look behind you before backing up a lawn mower.

If you or a loved one has been involved in a lawn mower accident, please contact one of our experienced Pennsylvania lawn mower accident attorneys for a free and careful evaluation of your claim.

Recently I was visited by a relative of a long-term client of ours who was steered to another law firm who “specialized in significant malpractice cases" for an alleged malpractice case involving her husband. Since we have represented the client’s family members for multiple generations, she came to me to review the file after the medical malpractice attorney that she retained never responded to her phone calls or requests to discuss the file. In fact, she claimed, the lawyer’s office had “fallen off the face of the earth." Unfortunately when we carefully reviewed the file, we determined that not only did the other lawyer fail to obtain an appropriate expert or obtain a certificate of merit, they also blew the statute of limitations whereupon the client’s claim against the negligent health provider and institution would be forever barred leaving the only course of action to be a legal malpractice claim against the attorney.

Unfortunately, there are many lawyers who claim to be specialists in an area requiring experience and complex legal technical skills when in fact they get involved in legal areas of litigation in which they have limited experience. Worse yet, they are obviously ignorant of this fact and fail to consult with or refer the case to a properly qualified attorney.

Continue reading " Pennsylvania Medical Malpractice Lawyer Commits Legal Malpractice " »

A recent string of amusement park accidents has shined a spotlight on amusement park injuries. Disneyland and Knotts Berry Farm, two major amusement parks, came under scrutiny when patrons were seriously injured or killed after accidents on park rides. In October, a wrongful death suit was filed against Knotts Berry Farm after one individual fell from The Perilous Plunge, a water ride, and died. The current increase in injuries and deaths at theme parks has lead to closer scrutiny of amusement park rides and proposed federal legislation.

Some government officials such as U.S. Representative Ed Markey (D-MA) believe that federal regulatory guidelines and standards would help reduce theme park injuries and deaths. Although the U.S. Consumer Product Safety Commission tracks accidents, the agency was stripped of oversight of fixed parks such as Disneyland and Knotts in 1981 which leaves states and parks to themselves. Markey has introduced legislation that would restore the Commission’s oversight of permanent amusement rides and according to sources, the General Manager of Knotts Berry Farm thinks that the trial lawyers are behind the legislation and furthermore adds “They are the ones profiting." I guess (following this reasoning) he also thinks that it is also okay for amusement parks to profit when rides fail to meet safety rules and guidelines and innocent people are injured or killed. Guess what? Trial lawyers are really the unsung heroes in promoting safer amusement rides by bringing these situations to the public eye and holding the wrongdoers accountable.

Standards and regulations are a pretty good thing and necessary according to this experienced amusement park lawyer. Minimum standards and regulations are probably good regardless of who does the regulating. It is important to have regulations with teeth in them to promote safety standards and prevent cost cutting failures to repair and maintain rides during a crippling economic crisis. It is good business for all to work towards safety. According to statistics, approximately 6,000 people were injured in amusement park accidents last year. This experienced Pennsylvania amusement park lawyer believes that tighter regulation on a uniform scale results in less injuries and deaths as a result of amusement park accidents.

As an experienced car accident and auto product liability lawyer since 1979 and somewhat of a computer geek with a curious mind since childhood, I have to confess that I think the over-computerization and digitization of cars creates risk for drivers. Recently on a flight back from Puerto Rico, I had the opportunity to chat with a pilot on the advantages and disadvantages of an Airbus, which is a fly by wire computerized plane versus a Boeing plane which according to the pilot is more mechanical and not as computer oriented or controlled.

The pilot explained to me that although the Airbus may be more sophisticated in terms of electronics, he had concerns with backup systems if God forbid there was an electronic failure. How many of you have had glitches with computers, remote controls or other less complex systems than those digitized or electronic systems which control acceleration and braking and other systems in your vehicle? It seems that as technology advances, electronics and computerized systems are replacing the more primitive mechanical systems that once controlled automobile functions.

Continue reading " A Practical and Old Fashioned Product Liability Lawyer Expresses Concerns about Computers and Electronics in Today’s Cars " »

As an experienced Philadelphia personal injury lawyer since 1979 who has also been studying the art markets and trends in the cost of paintings, I am somewhat astounded how even in this crippling economy art that originally sold for $10,000 in 1960 is now bringing price tags of over $100 million dollars at recent auctions. In every legal case where someone is catastrophically injured or killed, after a lawyer successfully proves liability in the case, monetary damages are typically rewarded to the plaintiff. Monetary damages are generally awarded to compensate the plaintiff for the loss of life’s pleasures including physical and emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, impairment of mental or physical capacities, frustration, humiliation, degradation and a non-inclusive list of other factors. Many times this is not easily quantifiable and depends on the individual circumstances. Of course, an economist or vocational expert can easily calculate the loss of earning and earning capacity. However, what is the lost value of one’s hopes and dreams. Should a small piece of art cost so much more, when both are intangibles?

I recently read an article in a magazine concerning artist Mark Rothko who committed suicide in 1970 leaving behind hundreds of unsold paintings that he didn’t want to part with because he considered them to be his children. He claimed that the paintings embodied his dreams. He became possessive of these dreams and didn’t like to send them to live off with just anybody. Rothko’s signed art was secondary to making it, and he had a love/hate relationship with success. When I contrasted this situation to the typical client we represent in personal injury cases, how many people also would like not to have to part with their life as it existed prior to a catastrophic injury and for families of the deceased an even more confounding and tragic situation.

Continue reading " "Why Is a Piece of Art worth More than the Value of a Personal Injury Case When One Has Suffered Catastrophic Injuries?" Ponders An Experienced Philadelphia Accident Lawyer " »

If you are pulling a trailer, I bet you may not be aware of how unregulated safety and governmental laws are that pertain to safety chains and vehicle construction on trailers. As Pennsylvania defective trailer accident lawyers since 1979, we are all too familiar with substandard tow bars and hitches that give way resulting in accidents involving catastrophic injuries and death. Many times tow bars and hitches are made from thin, poorly designed metals that are fitted incorrectly, presenting a ticking time bomb in this highly unregulated and cavalier industry which puts profits over consumer safety. Every year there are thousands of catastrophic injuries and deaths related to towing and defective trailer accidents.

Unfortunately, in most states including Pennsylvania, very little regulation is addressed with regard to trailers that are less than 3,000 lbs. We have found that many trailers are manufactured to be just under the gross weight of 3,000 lbs. so as not to be subject to regulation, creating dangerous circumstances. All that most states require is that the lights be working at the time of registration and very few states check the quality of construction. The code exempts many trailers and only requires that brakes be inspected beyond the initial confirmation of a VIN plate. Many state laws including Pennsylvania’s are silent as to the design or construction specifications for trailers or for towing chains or hitches. In many cases we have handled, we found that tow trailers had obvious safety violations that relate to lighting, braking, and inspection requirements.

If you or a loved one has been involved in an accident involving a defective or disconnected trailer, our aggressive legal team consisting of investigators and engineers will bring the wrongdoers to justice to achieve the best results for you and your family with our no recovery, no fee guarantee. If you have been involved in such an accident, please contact one of our experienced Pennsylvania defective trailer lawyers immediately so that we can begin to protect your legal rights. For more information, please go to www.dangeroustrailers.org operated by consumer safety advocate, Ron Melancon, a tireless advocate against unsafe and unregulated defective and dangerous trailers.

As an experienced catastrophic and personal injury lawyer since 1979, often handling many cases against major corporations, trucking companies, and commercial carriers, whenever we commence a trucking accident or commercial carrier case, or for that matter a product liability case against a major automobile manufacturer, we know and understand the roadblocks that will be thrown in our way. Obviously, corporations put profits ahead of consumer safety. Corporate obstruction tactics can rise to the level of dishonesty and deceit often requiring an aggressive motion practice and sharpened litigation skills to reach the truth. Normally after a major accident involving a defective automobile such as an SUV rollover or crash worthiness case or even a truck accident case, corporate representatives will have investigative teams on the site immediately. These are known as “go teams" and their responsibility is mostly, in this experienced lawyer’s opinion, to clean up the site and make a job prosecuting the claim as difficult as possible. The corporate motto seems to be deny, delay, and defend.

It is incredible how many times one gets involved in litigation only to discover the realities of the situation are vastly different than those presented by the corporate defendant or trucking company. Handling such cases requires an extraordinary degree of specialization and experience.

At the experienced Pennsylvania product liability and truck accident law firm of Reiff & Bily, we have been handling such cases with a successful track record since 1979. If you or a loved one has been involved in a catastrophic accident involving a defective product or a truck, please feel free to contact one of our experienced Philadelphia personal injury lawyers for a free no obligation consultation and of course, we offer a no win, no fee guarantee. Please contact us at 1-800-421-9595 or online at www.reiffandbily.com.

A fatal cycling crash involving a bus in Boston has struck an outpouring of sympathy and frustration from cyclists but also underscores that bicyclists should be extra careful when attempting to pass buses. The recent tragic incident in Boston involved the death of 22-year old Michael Hunt who hit the rear left section of the bus when he attempted to pass the bus, causing him to lose control of his bike and fall under the 60 ft. long vehicle. Hunt was not wearing a helmet and suffered severe trauma and was pronounced dead at the hospital.

Many years ago, this experienced Philadelphia bicycle lawyer was driving up the West River Drive on a Sunday afternoon when I hit a stone on the street, lost control of my bike causing the handlebars to fall, and missed death by approximately 2 inches as a SEPTA bus passed me. Frankly, it was one of the most shocking and scary incidents of my life. I also used to ride my bike in areas where trolley tracks existed which was also traveled by buses and I have lost control of my bike on more than one occasion suffering fairly severe injuries. Often bicyclists can attest that many times bus drivers and car drivers ignore them while they are on the road, particularly if they might be in their blind spot. Many cities have taken recent strides to reduce the risk of accidents by adding bike lanes. However, there are a lot of vehicles competing for the use of the streets and we all have to be careful and respect each other.

When I was interviewed for membership to a posh and exclusive social club recently, one of the older and stalwart members on the Admissions Committee asked me why I would perform a job as distasteful as being a personal injury and product liability lawyer. Of course, what comes to mind is the shocking McDonald’s hot coffee case of many years ago and the many seemingly excessive verdicts that often are unrelated to the reality of the situation that seem to have tremendous shock value to the normal layperson. What the press and these individuals fail to recognize is that personal injury and product liability lawyers have a long history of protecting consumers from unsafe products. The threat of litigation and large verdicts serves as an insurance policy against the manufacturers when defective products are fixed or recalled from the market. While punitive damages often seem to make headlines, what many fail to recognize is that they are mostly later reduced substantially, sometimes by consent of the parties.

The recent Toyota situation indicates that when Toyota was still trying to blame floor mats for its runaway cars, the government and legal intervention by product liability lawyers put the issue under a microscope and exposed other potential fixes. Without the threat of litigation and the extensive discovery procedures that accompany the same, consumers would be left at the mercy of product manufacturers and auto manufacturers who would continue to produce red herrings indicating why their products were safe for normal use despite the multitude of catastrophic injuries and wrongful deaths.

I recently returned from a trip to visit my mother in Florida and upon exiting her condominium on the 11th floor, I leaned against the balcony only to find that it was loose and unsteady at its foothold. I became chilled when I remembered the facts of a case that I handled a few years ago involving a young mom who fell from her 4th floor balcony when the railing gave way. When you step on the balcony of a hotel or apartment, you would like to assume that it is safe to support you and that the railing is safe as well.

During spring break and holiday season many times balcony falls are fueled by alcohol and other improper behavior. However, a landlord or hotel operator owes a duty to make sure the premises are safe and that the balcony and railing are installed and maintained under the appropriate codes insuring one’s safety. A balcony is an obvious hazard and many states have regulations mandating that balcony railings must be at least 42 inches high, have no more than 4 inches of space between the rails, and be maintained in safe, proper, and secure order.

If you have a young child or are in an impaired state, be extra careful when on a balcony. Always check the fixation and security of the guard rail to make sure that it is safe. If it doesn’t look safe or feel right, immediately leave the balcony for safe surroundings and report your concerns to avoid the potential for a catastrophic accident.

The experienced Pennsylvania premise liability lawyers of Reiff & Bily have had significant experience representing those injured at hotels and apartments as a result of balcony falls or other premise liability situations.

The Philadelphia amusement park accident lawyers at Reiff & Bily recently concluded a matter where a young child was seriously injured at a carnival amusement when the young boy wandered away from his mother into an unsupervised area when he got caught and was dragged into one of the operating parts of the amusement. The amusement park alleged that the mother was negligent for failing to supervise her child. All amusement parks and carnivals are supposed to be magical places typically associated with the feelings of happiness and joy. Many times when there is a lack of supervision by parents, as well as amusement park employees and personnel, catastrophic accidents and deaths can occur.

In today’s crippled economy, it is not safe to assume that amusement park attendants are paying full attention to your children or to your own safety. Parents should always watch their children at all times and avoid allowing them to become lost or injured. Never leave them unattended for even a moment. Please pay attention to park attendants and safety instructions provided. When your children get on a ride, make sure that they follow the rules including the usage of safety belts as well as all height requirements. Parents should advise children not to disconnect restraints or stand up during the ride or show off for them or their friends while the ride is in progress.

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

At the Philadelphia personal injury law firm of Reiff & Bily, we receive phone calls regularly from people who are involved in a crisis where their lives are changed forever as a result of the negligence of another, a product liability defect, or a slip and fall or premise liability claim. A serious injury or tragic wrongful death can greatly impact a client and their family and our experienced lawyers are ready to step in with a total and intensified personalized effort to make sure that you are not alone and are receiving the guidance you need when a crisis occurs. We are intensely committed and driven by genuine empathy for the physical and financial challenges that injury victims and their families face as a result of the negligence of others and operate on a no recovery/no fee representation guarantee. Regardless of your wealth, position, or power, there is no need to be alone in a legal crisis.

Put over 31 years experience on your side. All great successes are dependent on the efforts of committed individuals. Never, never, never give up.