Posted On: May 31, 2011

Pennsylvania Yacht Club Power Boat Explosion Kills One and Injures Another Six Including A Child

As an experienced boater for over 50 years as well as a Pennsylvania boating and maritime lawyer since 1979, I am always sad to read about easily preventable catastrophic accidents and boating fatalities that occur during the fueling of a power boat.

According to news sources, a woman was killed and six people including a child were injured when a power boat exploded and sank after refueling at an Erie Yacht Club over the weekend. Our hearts thoughts and prayers go out to the victims and their families.

As an operator of power boats and as a lawyer who worked on boating docks as a young boy fueling boats, I am very well familiar that when boats are refueling it is important to have proper ventilation and utilize the blower system prior to starting the engine to clear out an accumulation of gas fumes which might be ignited by a spark and cause an explosion. It is essential for boating safety that fumes be totally cleared. According to news sources, the boat was 32-foot mid 1980's Wellcraft.

Unfortunately I have witnessed and investigated similar cases and typically most explosions in the boating industry occur during the fueling process. Last year there were close to 3,000 boat explosions while fueling in the United States and almost always, the consequences are deadly and catastrophic. Potential causes of boat explosions include but are not limited to improper ventilation, not using the blower long enough prior to starting the engine, improper fueling methods, gasoline spillage and overflow, lack of inspection of fuel systems, lack of flammable materials and construction, lack of fire suppression equipment, not grounding the fuel nozzle to the fuel pipe during fueling, and not making sure passengers are off the vessel during refueling. Many times a design defect or a flaw can cause or contribute to a marine fire or boat explosion. Boat electrical systems should be properly maintained to reduce electrical ignition. Sources and bonding ground systems should be used on all boats with fixed electrical systems and all exhaust motors and vents should be properly maintained and installed by boat manufacturers and owners. Almost all boat explosions are preventable. Simply stated, boats do not explode unless someone did something wrong.

Continue reading " Pennsylvania Yacht Club Power Boat Explosion Kills One and Injures Another Six Including A Child " »

Posted On: May 30, 2011

Summer Swimming Pool Season Opens With At Least 96 Drownings and Near Drownings Tracked in First 18 weeks of 2011 By Media

As a swimming pool and water accident safety advocate as well as drowning and swimming pool accident attorney, I call our readers attention to the U.S. Consumer Products Safety Commission National Pool and Spa Public Safety Campaign at www.poolsafely.gov. According to CPCS estimates nearly 300 children younger than 5 will drown in swimming pools and spas this year with more than 3,200 going to hospital emergency rooms due to non-fatal submersion injuries. A number of these water-related accidents will result in permanent disability including brain damage. The pool safely campaign highlighted above offers tips on how to prevent drowning death and submersion injuries.

As an experienced swimming pool accident attorney, I am aware that many private and public pools and spas do not follow federal legislation set forth in the Virginia Graeme Baker Pool and Spa Safety Act. The act was named after 70-year old Virginia Graeme Baker who drowned when she became trapped in a broken drain cover in a hot tub in 2002. If you or a loved one has sustained a pool or hot tub injury or drowning, the experienced swimming pool accident lawyers of Reiff & Bily have the experience and resources necessary to prosecute your claim. Effective January 1, 2011 Reiff & Bily joined forces with the legendary Beasley Firm and together our attorneys have been awarded billions of dollars since 1958 representing the interests of catastrophically injured victims and their families and those who unfortunately sustained wrongful death due to the negligence of others. For a free, no obligation consultation contact us online at www.reiffandbily.com.

Posted On: May 27, 2011

If A Surgical Instrument Is Marked For “Single Use Only" Why Do Some Doctors Use Them Over Again Creating An Undue Risk Of Harm For Their Patients - Safety Rather Than Maximizing Profits Should Be The Top Priority

Recently our law firm was contacted by a gentleman who tested positive for a blood borne infection after undergoing a surgical procedure by a group of physicians that reused instruments marked for single use only. According to a news story published on May 13, 2011 in The Record Herald, the doctors sent letters to many patients who had surgical biopsies that “reused" instruments in biopsies despite that they were marked for “single use" only. All of the patients involved in the surgical procedures received letters advising them to be tested for infections that may be blood borne such as hepatitis, HIV, and according to the letter, the medical group agreed to pay for the costs of the blood tests and screenings.

Clearly when a surgical instrument is marked “for single use only", a patient may be exposed to blood borne infections and cross infection. It turns out that hospitals, clinics, and surgical centers reuse surgical instruments despite their “single use" designation. Our experienced medical malpractice experts and lawyers believe that hospitals and physicians are putting patients at grave risk to save money. The real issue is patient safety rather than profitability and that the patients’ interests should always be the paramount concern.

The experienced medical malpractice lawyers of Reiff & Bily have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Together our lawyers have been awarded over $2 billion dollars since 1958 on behalf of catastrophically injured victims and their families. We always offer a confidential free, no obligation consultation. Please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595.

Posted On: May 26, 2011

If You Are Using A Storm Or Power Generator Indoors Beware Of Carbon Monoxide Poisoning

As a result of a recent rash of storms and severe weather across the United States, many people turn to power generators during resulting power outages.

Recently the CPSC warned consumers never to use a generator indoors including basements, garages, crawl spaces, and sheds even with ventilation as exhaust fumes contain high levels of carbon monoxide which can become deadly if inhaled. Carbon monoxide is often referred to as a silent killer. Inhalation can quickly lead to full incapacitation and death. Common symptoms of carbon monoxide poisoning include but are not limited to dizziness, nausea, vomiting, weakness, vertigo, and a general feeling of malaise. As chance favors the prepared mind, it is probably not a bad idea to have properly operating smoke alarms and carbon monoxide detectors in your home.

The carbon monoxide poisoning and exposure law firm of Reiff & Bily is committed to protecting the public from unreasonable risks of injury and death due to defective consumer products. Over the past three decades, our lawyers have successfully litigated cases involving defective toys, defective vehicles, defective tools, and defective electrical devices.

Posted On: May 25, 2011

It Really Amazes Me That Businesses Fail To Do Background Checks On Employees Who Are Working In An Environment With Teenagers - An Invitation For Trouble Advises Sexual Assault Lawyer

Recently a story broke where the manager of a Bucks County, Pennsylvania restaurant was arrested and charged with groping and fondling female teenage employees ages 15 and 16. The restaurant manager, age 50, was already on the Megan list registry for sexual offenders in Pennsylvania. According to news sources, the manager was charged with indecent assault, unlawful contact with minors, corrupting the morals of minors, and related offenses for allegedly fondling and groping three female employees. The restaurant is a well known national franchise and as an experienced Pennsylvania personal injury lawyer for over three decades who has successfully handled sexual abuse cases, one can not begin to explain the physical and emotional pain of being violated which leaves emotional scars such as feelings of low self esteem, denial, crying spells, paranoia, helplessness, loneliness, shame, anxiety, nightmares, insomnia, inability to sleep, and post-traumatic stress disorders. Many victims of sexual abuse turn to drugs or alcohol to help dull the pain that constantly haunts and torments them.

Believe it or not, statistics indicate that 1 out of every 3 girls and 1 out of every 6 boys will be victims of sexual abuse by the time they are 18. Most responsible businesses require that all adults working in an environment with teenagers must pass a background check. Background checks are most effective in the sense that many sexual predators are not willing to have their background’s checked. In the case at hand, it would appear to this experienced sexual abuse lawyer that a careful background check would have indicated that the perpetrator of these awful offenses was a sexual offender. A background check is a relatively inexpensive and necessary tool for preventing incidents such as this.

If you or a loved one has been a victim of a sexual assault or abuse, please contact one of our experienced Philadelphia sexual abuse lawyers for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: May 24, 2011

Jury Orders Automaker And Conversion Van Company To Pay Millions As A Result Of A Vehicle Conversion Van Rollover That Left A Professor Paralyzed From The Neck Down

According to news sources, U. S. car maker Ford and a van conversion company that modified a Ford van were ordered to pay $2.78 million dollars and $775,000 respectively in a damage suit against Ford and the conversion company which left a South Korean Professor paralyzed. According to the news sources, the Ford van that Professor Lee Sang-mook was driving while participating in a geological survey rolled over and the roof collapsed causing the death of a student in the van and paralysis from the neck down to Professor Lee due to spinal injuries. Suit was filed in Los Angeles County, California claiming that Ford Motor Company was responsible as the roof was not strong enough to withstand a van rollover. Ford allegedly argued his injury occurred before the roof collapsed but the Court ordered Ford to pay Professor Lee $2.78 million dollars in damages. The Court ordered the automotive company that converted the van to compensate Professor Lee $775,000. In the opinion of this experienced van rollover attorney, conversion vans may be the most dangerous vehicle on the roadways today. Conversion vans are those vans that are made by another automobile manufacturer but modified by a secondary conversion company.

Often our experienced van rollover lawyers and investigators note that many of the conversions are performed without considering crashiworthiness concerns or technical knowledge necessary to create a safe vehicle. Fatalities, spinal injuries, and paraplegia are common injuries sustained in many van rollovers due to weak supporting structures and defective design.

The 15-passenger van and conversion van rollover attorneys of Reiff & Bily have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Our experienced van rollover attorneys and product liability attorneys together have been tackling manufacturers of defectively designed motor vehicles since 1958. The lawyers of both firms have been awarded in excess of $2 billion dollars. For a free, no obligation confidential consultation contact us online at www.reiffandbily.com.

Posted On: May 23, 2011

United States Department Of Transportation Chief To Focus On Bicycle Safety - Pennsylvania Bicycle Accident Lawyer Offers Praise

As an avid bicyclist for over 50 years and bicycle accident lawyer for over three decades, the U.S. Transportation Ray LaHood’s statements on Tuesday, May 10, 2011 regarding bicycle safety give me great reason to smile. As more and more bicycles are used as a primary means of transportation to and from the office with many cities constructing designated bike lanes, Secretary of Transportation Ray LaHood expressed concern over the way that bicyclists are treated when they are on the streets. LaHood stated “bikers have as much right to be on the streets as anyone driving a car and I am concerned about their safety". According to NHTSA studies, in 2009 there were 630 bicyclists killed due to traffic accidents with the majority of bicycle fatalities occurring in urban areas. Surprisingly, most bicycle fatalities occurred in non-intersections and compared to 2008 the numbers increased to 5%.

Philadelphia has seen an increase in bicycle accidents even as creation of designated bike lanes continue to increase. The experienced Pennsylvania bicycle accident lawyers of the law firm of Reiff & Bily have recently joined forces with the Beasley Firm and are committed to bicycle safety. We know that bicycle accidents do happen and when they happen, it is best to have an experienced bicyclist and bicycle accident lawyer represent your interests. The lawyers of the Beasley Reiff Law Group have been awarded over $2 billion dollars representing the interests of catastrophic injury and wrongful death victims since 1958. For a free, no obligation contact us online at www.reiffandbily.com.

Posted On: May 20, 2011

American Academy of Pediatrics Claims That A Power Lawn Mower Is One Of The Most Dangerous Tools Around The Home - Lawn Mower Accident Lawyer Weighs In

Each year in America close to 70,000 people will sustain serious injury caused by lawn mowers. Almost 10,000 will be younger than 18-years old. The American Academy of Pediatrics has noted that the power lawn mower is one of the most dangerous tools around the home.

As an experienced Pennsylvania lawn mower accident and product liability attorney, we receive many calls each year concerning children who sustain severe injuries and sometimes unfortunately death as a result of a lawn mower related accident. Unfortunately many lawn mowers have design defects and warning failures and lack of proper safeguards. Many times parents entrust their children mow the lawn despite the fact that the child does not possess the necessary level of maturity, judgement, strength, or coordination. Experts suggest that most children should not operate a walk behind power mower until they are at least 12-years old or ride on a lawn mower until they are at the age of driving or at least 16-years old. There is not a week that goes by where one does not learn of an amputation or limb shredding accident as a result of a lawn mower blade. Lawn mower rollover and amputation accidents are daily occurrences in the United States.

Other common injuries resulting from lawn mower rollover accidents include asphyxiation, permanent scarring, broken bones, dislocation, burns, and loss of eyesight. The Pennsylvania defective product and lawn mower accident attorneys of Reiff & Bily believe that manufacturers are obligated to produce reasonably safe lawn mowers for foreseeable uses. When the manufacturer fails in this responsibility, they must be held responsible for the injuries caused by the defective product. Many lawn mower injuries could have been prevented if the manufacturer installed rollover protection systems or guards.

Continue reading " American Academy of Pediatrics Claims That A Power Lawn Mower Is One Of The Most Dangerous Tools Around The Home - Lawn Mower Accident Lawyer Weighs In " »

Posted On: May 19, 2011

Are Amusement Parks Pushing The Limits Of Safety With The Newest Thrill Rides?

Summer is just around the corner and amusement parks are advertising rides offering “maximum fear", “ultimate thrill", “the tallest", the fastest roller coaster", “pulse quickening vertical drops", and “white knuckled adventures while standing upside down". It seems that many amusement park operators are constantly upgrading their offerings in the competition to attract new customers and increase profitability, but this experienced amusement park accident lawyer and consumer safety advocate asks at what cost to safety concerns?

Frankly, when I grew up in the 1960's, the most exciting rides were the salt and pepper shaker or the scrambler. Today I read about rides with “minimum confinement" and “maximum fear". In the last year, there were many stories concerning amusement park disasters around the world. As an experienced amusement park accident lawyer, I probably see the worst scenarios involving catastrophic injuries and death that one could imagine and my sensors are alerted when I read about a new ride that is “scarier but less confining". A visit to the website www.rideaccidents.com reveals just how dangerous many amusement attractions can be.

According to the Consumer Product Safety Commission over 7,000 people will visit emergency rooms in the United States this year due to injuries sustained in an amusement ride accident. Children have the highest risk of falls or ejections mid-ride. Unfortunately, the amusement ride industry is not regulated by uniform standards and reporting of accidents is poor to non-existent with many cover ups. Most amusement park safety is governed by local laws in jurisdictions where the amusement park has strong political clout and hence, laws may be one-sided in favor of the amusement facility. Rides at amusement and water parks are exempt from federal safety oversight. Surprisingly, only 24 states have implemented a program for amusement park accident investigations and 11 states rely on insurance companies or 3rd party inspectors to audit safety compliance issues. Many states have no established regulations for amusement ride safety.

In one of our cases, a woman and her son were on a coaster ride when the chain snapped while pulling the car up a steep incline. The insurance providers and adjusters were operated by the same company that operated the unsafe ride. In the same case, the amusement park was located in a municipality and state that had strong laws favoring the entertainment and amusement industry and an independent investigation revealed that the amusement park was a major contributor to the local political machine.

As an experienced amusement park accident lawyer, I welcome stricter federal and state standards and safety regulations for U.S. amusement rides and hope that we are not pushing the envelope too far in exchange for profits when it comes to the safety of newly designed amusement attractions.

Posted On: May 18, 2011

FDA Has Ordered Manufacturers Of Metal On Metal Artificial Hips To Conduct Studies and Report Back - Defective Hip Implant Lawyer Weighs In

As a result of an extraordinary amount of product failure, damage to health, lawsuits, and product recalls, the United States Food and Drug Administration has ordered manufacturers of metal on metal artificial hips to study them and report back. In early May letters were sent to 20 manufacturers of a popular class of hip implants requiring them to determine whether patients experience effects from the shedding of the material due to the fact that there have been numerous reports claimed of soft tissue damage and excessive levels of metal in the blood stream as a result of metal shavings coming off on a hip’s head due to metal upon metal contact and movement.

The FDA claims that it is not concerned about any particular manufacturer’s product at this time but rather the types of implants as a group. Approximately 250,000 artificial hips are implanted each year in America and approximately 1/3 of the 250,000 are metal upon metal versions. Metal upon metal devices have been manufactured by Johnson & Johnson, DePuy, Stryker, Zimmer, and Biomet. DePuy has recalled its popular ACR system in March which is made of a colbalt-chrome molybdenum alloy with a porous coating following a couple of previous Johnson & Johnson recalls. Experts claim that this situation is not unique to Johnson & Johnson’s DePuy implant product. Experts claim that they have known for some time that metal particles around implants can cause damage of bone and/or tissue surrounding an implant and joint.

Continue reading " FDA Has Ordered Manufacturers Of Metal On Metal Artificial Hips To Conduct Studies and Report Back - Defective Hip Implant Lawyer Weighs In " »

Posted On: May 17, 2011

Every Child’s Nightmare: What Do You Do When Your Bunk Bed Collapses?

When I was a young boy, I slept in a bunk bed with my younger brother on the top. When I went to college, I shared a room with two other men in the dormitory and also slept on the bottom of the bunk bed and one of my pervasive thoughts was what would happen if the top bunk fell on top of me? Just about every bottom bunkers nightmare.

Recently a recall of defective bunk beds was made by Dorel Asia SRL. Dorel Asia SRL recalled approximately 444,000 wooden bunk beds in the United States and a further 21,700 bunk beds in Canada due to wooden side rails that run from the headboard to the footboard and holds the bunk bed’s mattress in place and can split and cause the bunk bed to collapse posing a fall hazard to consumers. The recalled bunk beds were sold at Walmart, KMart, and Target stores and online at www.walmart.com, and www.kmart.com.

If you own a bunk bed, it is important to be certain that your bunk bed is safe and not subject to a product recall. If you or a loved one has suffered an injury from using the affected products or any other defective product, the Pennsylvania product defect lawyers of Reiff & Bily would be glad to offer a free, no obligation and confidential consultation. We always offer a no recovery, zero fee guarantee which means if we do not win your case, we do not charge you a fee. Contact us online at www.reiffandbily.com.

Posted On: May 16, 2011

Jet Ski Deaths Serve As Reminder That Personal Water Craft Are Not For The Inexperienced - Water Craft Accident Lawyer Weighs In

In early May of 2011, multiple news sources reported that a passenger from the Carnival Sensation cruise ship was fatally injured in a serious jet ski accident rented during a port call in Nassau. A second passenger sustained serious injuries. A representative from Carnival cruise line stated that the passengers rented the jet ski directly from a local vendor. As an experienced water craft and boating accident attorney and one who has operated motor boats for almost a half century, any time I read about a jet ski accident I cannot all but think how unsafe and potentially dangerous these water craft are in the hands of untrained and inexperienced riders.

Every year thousands of people will be killed or injured due to improper and careless operation of jet skis or other personal water craft. Even as an experienced boater, I was involved in a nearly fatal jet ski accident with my young son riding on the back of a jet ski many years ago at a resort in Puerto Rico. Jet skis are powerful machines and lose control very easily when operated by someone with little or no experience. Our thoughts and prayers go out to the victims of this unfortunate jet ski accident, and the families of the victims would be well served to hire an experienced and jet ski and personal water craft attorney to fully investigate whether or not the concessionaire who rented the jet skis provided appropriate instruction in the operation of the jet ski and whether or not the jet ski was properly equipped with a kill switch. A personal water craft attorney should investigate whether there were any potential defects to the jet ski which could cause steering errors or the inability to dethrottle.

If you or a loved one has been injured in a water craft accident, please contact one of our experienced Philadelphia water craft and boating accident attorneys for a free, no obligation consultation online at www.beasleyreifflawgroup.com.

Posted On: May 13, 2011

Slippery Swimming Pool Decks And Marina Docks Can Create a Liability For The Owner

Swimming pool decks and marina docks can be a liability to the owner or operator if they are not maintained in a safe and proper fashion. Obviously because swimming pool decks and marina docks are located near water and constantly getting wet the potential for a violent slip and fall accident exits if the coefficient of friction is not above standards identified by the Americans With Disabilities Act of a 0.60. A pool deck or dock should be properly designed to take into account the increased friction coefficient that is required to make them safe and prevent a hazardous slip and fall accident. Proper rules of safety must be applied and maintained, and the owners or operators should maintain a maintenance program including but not limited to spraying the deck or dock to remove any contaminants that would help retain the slip resistant nature of the surface and should not use soaps or detergents that leave a filmy residue to make the area less safe. Many times these surface areas are coated with mildew or residue from cleaning products coating the friction reducing surface and can often lead to a slip and fall injury.

The experienced Philadelphia slip and fall lawyers of Reiff & Bily have been successfully litigating slip and fall cases for over 30 years and recently joined forces with the Beasley Firm and together both firms have been awarded over $2 billion dollars on behalf of catastrophically injured victims and their families. A slip and fall injury can often cause a closed head injury, traumatic brain injury, spinal cord injuries, bone fracture, paresthesia, herniated discs, permanent scarring, abrasions, and lacerations, and additionally, a slip and fall victim can fall into the water and potentially drown. Our highly qualified Pennsylvania slip and fall attorneys are more than willing to offer a free, no obligation consultation to help you recover the compensation necessary to put you back in the game after a slip and fall accident. Please contact us online at www.beasleyreifflawgroup.com or toll free at 1-800-588-0130.

Posted On: May 12, 2011

State Farm Insurance Company Paid Out $90.1 Million Dollars In Dog Bite Liability Claims In The United States

According to a recent news story published in the Insurance Journal on May 10, 2011, State Farm Insurance Company paid out $90.1 million dollars in dog bite liability claims in the United States in 2009 versus $83.2 million dollars in 2008. It should also be noted that there were more than 35,000 more dog bite claims in 2009 than 2008. bringing the average cost per claim to about $25,000.00.

Unfortunately children account for more than 60% of all dog bite victims and of the 33 dog bite cases that resulted in death last year 20 of the fatalities involved young children. California lead the dog bite tally with 369 claims and $11.3 million dollars in claims paid, and State Farm paid 155 Pennsylvania victims of dog bites $3.9 million dollars.

Posted On: May 11, 2011

If You Suffer Injuries In A Highway Defect or Highway Drop Off Case, The Contractors Who Worked On The Road Can Be Held Liable

I am sure that many of our readers have been traveling down a highway when all of a sudden the road surface changes and there is a sudden drop off of the street or highway to a different level. This typically occurs when the street top has been recently laid or material has been added during construction or the road shoulder has been washed away due to weather or worn down by traffic. Many times government agencies may be potentially liable for Pennsylvania highway defect accidents. However, an issue of sovereign immunity often comes into play as liability is dependent on local law. Sovereign immunity is a doctrine that historically shields governments from liability and many lawsuits and governments often cannot be sued unless they agree to be sued and are generally not held responsible for acts of their employees.

PennDOT immunities do not apply to contractors. If a state road and drop off was created adding a layer of blacktop or paving and not extending the full distance, it is important that a careful investigation be commenced to determine which contractor repaved the project and to join them in any lawsuit. Additionally, a careful investigation should be performed regarding the engineers and designers of the highway. Distinct from the engineers or designers, one should also investigate which inspection firms inspected the work performed or the firms that striped the highways. If a stripe is incorrectly laid and it changes geometry of the roadway relative to striping, it can be argued that this may push vehicles toward a drop off resulting in a catastrophic accident. An excellent accident reconstructionist and traffic engineer will work with an experienced Philadelphia highway defect accident lawyer to carefully investigate these claims.

Since 1958, the lawyers of the Beasley Reiff Law Group have been awarded over $2 billion dollars for catastrophically injured clients and their families. Our defective roadway design lawyers understand the mechanics of a highway defect case and understand that it is necessary to litigate against highway contractors, planners, municipalities, and others who may be responsible for dangerous traffic patterns and highway defects. As Pennsylvania highway accident attorneys for over a half century, we have just about seen it all and know what can go wrong in the prosecution of a case by an attorney who does not have extensive experience and knowledge.

If you or a loved one has been involved in a catastrophic Pennsylvania car accident and wish to put a team of experienced Philadelphia roadway defect lawyers on your team, please contact the experienced Philadelphia roadway defect lawyers of The Beasley Reiff Law Group for a free, no obligation consultation on line at www.beasleyreifflawgroup.com or toll free at 1-800-588-0130.

Posted On: May 9, 2011

What Happens When Something Goes Wrong At A Carnival Or Midway Ride - Who Is Responsible?

On July 16, 2010, a gentleman was standing in line with thousands of other adventure seekers at the Calgary Stampede about to board the Scorpion amusement ride. The Scorpion holds 42 people with arms that splay outward from a central spinning hub and at the end of each arm sits a wheel of 7 cars attached front to back. When the ride is started the arms lift, the wheels tilt, and passengers spin in a counterclockwise direction as the center hub circles in the opposite direction. The operating manual for the ride instructs the operator at the control panel to start the ride at a slow speed and during the first revolution, he is supposed to check to make sure that all the passengers are seated with lap bars down and locked after which the cars speed up.

On the summer evening of July 16, 2010 just about everything went wrong. According to news sources what witnesses described was a noise that sounded like a car accident. The engineer’s report stated that a minimum amount of welding material was all that was holding the arm to the wheel and the ride snapped apart. Visible cracks and stress fractures had formed on the 17-year ride that was manufactured in Britain. It was stated that the owner of the ride should have shut down the ride, inspected the minimally welded metal and replaced it, but instead the expert report stated “the repair was so poorly done that the original cracks still remained and portions of the crack extended beyond the end of the repair". Apparently, a report concluded that the owner’s inspection subsequent to the weld repair did not look at the failure area closely at all.

As an experienced amusement park and fairground accident attorney, I am well aware that many jurisdictions have different rules and regulations that govern traveling carnivals and tracking detailed safety records for the amusements is nearly impossible. Amusement park and carnival owners almost always blame the rider claiming that they disobeyed the rules and fight claims in the most aggressive fashion. While amusement park accidents are more frequent than one would imagine, it is important that municipalities and state governments maintain an aggressive approach with regard to inspection and maintenance of the amusement rides with strict penalties. When an accident happens on a fast moving amusement park ride, it is more than likely that the injuries will be serious and will call for the attention of experienced amusement park accident attorneys and investigators familiar with the tactics of amusement park owners and operators.

Continue reading " What Happens When Something Goes Wrong At A Carnival Or Midway Ride - Who Is Responsible? " »

Posted On: May 6, 2011

Does A Witness To A Fatal Roller Coaster Accident Have An Individual Cause of Action?

According to news sources, a woman claiming she suffered emotional distress while attempting to help a boy who fatally fell from a roller coaster filed a lawsuit against the amusement park. The victim claims that she suffered emotional distress and anxiety when she attempted to help a boy killed on a roller coaster ride at an amusement park. In the incident, a 3-year old boy fell from a roller coaster at an indoor family entertainment center. The autopsy revealed that the young boy sustained multiple fatal injuries when he was struck by a roller coaster car and from falling from the roller coaster. The young boy was riding what was described as a “very small" Python Pit roller coaster when he freed himself from the safety bar and became wedged between two cars and then fell three to four feet from the moving roller coaster. The suit alleges that the observing victim was waiting in the “zone of danger" with her children when the anxiety happened causing her to sustain emotional distress and anxiety. The lawsuit further claimed that the Go Bananas Amusement Park failed to have an attendant operating the machine at all times, operated the roller coaster ride too fast, and didn’t have proper harnesses to secure the children. It also alleged that the amusement facility did not have an emergency stop on the ride. The issue presented in this lawsuit poses an interesting query of whether or not a person can recover damages because they were a witness to the accident.

As an experienced Pennsylvania wrongful death, catastrophic injury, and amusement park accident lawyer, I can state this is one of the most confusing areas of law for personal injury practitioners in Pennsylvania and in many other jurisdictions, and an experienced lawyer must generally investigate the following issues:

What are the basic elements of the cause of action?

Was there a “contemporaneous observation of the accident?

Must the plaintiff actually see the impact between the tortfeasor and the victim, or is
it sufficient that the plaintiff has some immediate sensory impression of the accident?

Must the plaintiff actually witness an accident to another person or is it enough to prove
that the defendant committed some negligent act without causing the accident which
caused emotional distress to plaintiff.

Is it necessary for claimant to show that emotional distress produced some physical
manifestation.

Is it necessary for claimant to seek medical treatment to legitimize the claim of emotional
distress.

Is it necessary to produce expert testimony or causation.

Continue reading " Does A Witness To A Fatal Roller Coaster Accident Have An Individual Cause of Action? " »

Posted On: May 5, 2011

Defective Airbag Lawyers Advise Honda Owners Of Another Recall

Honda expanded a recall for allegedly defective airbags that may explode with dangerous force. The recall includes an additional 833,000 vehicles. Honda informs that the airbags can inflate with too much force and a casing can break causing a risk of injury or death.

Since 2008, Honda has recalled almost 1.7 million vehicles due to the airbag problem. Over-aggressive airbags pose a potentially dangerous situation to drivers and passengers and this experienced airbag defect lawyer salutes Honda’s efforts and advises anyone who owns or operates a Honda vehicle subject to the recall to immediately return the vehicle to the dealer for inspection and correction of a potential airbag defect.

Posted On: May 4, 2011

If You Are Planning On Doing Boating Make Sure You Have The Proper Safety Equipment Including The Proper Amount of Life Preservers Or You May Be A Target

Spring season is upon us with warmer weather and many boaters are taking their first boating trip of the season. Unfortunately, I read of a tragedy that occurred when a boat sank in the Chesapeake Bay last week after encountering what was described as “somewhat rough water". Sources describe that when the boat lost power, it began taking on water when one of the individual’s on the boat went to get life preservers. While this story by no means suggests that anyone is at fault in this particular situation, but unfortunately they were not readily accessible. What it does indicate is that accidents on the water can happen when you least expect it and chance favors the prepared man.

As an avid boater for over 50 years who has captained motor boats, speed boats, jet skis, and sail boats, I am well aware that the U.S. Coast Guard safety regulations state that all boats must be equipped with USCG approved personal flotation devices and how many and what type PFD’s you will need depends on the number of people on the boat, the size of the boat, and the kind of boating done. If a boat is 16 feet or longer, you must have any one of these wearable PFD’s for each person on board. Offshore life jacket type 1 PFD, near shore buoyant vest (Type II PFD ), flotation aid (Type III PFD), special use device (Type V PFD), plus at least one throwable device. For example, if there are four people on a 16 foot boat, you must have at least 5 PFD’s - 4 wearable PFD’s and 1 throwable device. Even if the boat owner or operator did not cause the sinking or tipping or accidental incident on a boat, he or she can be held liable if there is a lack of life preservers or he or she fails to comply with safety regulations and the upkeep and maintenance of the vehicle. Boat owners and operators can be liable for injuries that result from poorly maintained boats, or the absence of life preservers. While a boat owner may have little by way of boating insurance, in many cases damages may also be collected from a home owner.

Unfortunately water-related accidents and boating accidents happen all too frequently. The boating accident lawyers of Reiff & Bily have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Our skilled boating accident lawyers are also longtime boaters and have represented catastrophically injured victims since 1958 and have been awarded over $2 billion dollars for injured victims. Please contact us online at www.beasleyreifflawgroup.com or toll free at 1-800-588-0130.

Posted On: May 3, 2011

Your Seat Belt May Be The Number One Safety Feature In Your Automobile. However, Without A Properly Functioning Airbag, It Is Often Not Enough

As an experienced auto defect and car accident lawyer for decades, I was a person who went from almost never wearing a seat belt to always wearing a seat belt. l now always make sure that my airbags are properly operating without the sensor turned to an off position. It is well recognized that seat belts are the number one safety feature in vehicles but without supplementation of a properly operating airbag it may not be enough to avoid a catastrophic injury or wrongful death in a collision. Many vehicles have an acronym SRS on the steering wheel or dashboard which translated is a short cut for “supplemental restraint system". What this means is that airbags supplement seat belts. Trust me, I have investigated the most horrific accidents and tragedies that are seemingly beyond imagination which were caused by the failure to wear a seat belt or the failure of the seat belt, airbag, or SRS systems.

Most modern vehicles contain multiple airbags in various locations which are designed to inflate if an occupant is correctly restrained with a seat belt. There are various systems used in airbag and SRS designs and often due to manufacturing and design defects or sensor defects, the SRS system does not operate properly. Many systems have a light indicator on the dashboard which will stay lit or blink off and on if there is a noted problem or defect with the airbag or SRS system. If you notice this light, immediately take your car to the dealership as an improper airbag or SRS system can lead to catastrophic injury or death in an accident situation.

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Posted On: May 2, 2011

It’s Spring in Philadelphia And In The Wake Of Several Phone Calls That We Received Involving Cars, Pedestrians, and Bicycles This Week, We Urge The Philadelphia Police To More Aggressively Enforce Pedestrian Cyclist Laws And Remind Cyclists To Always W

As an avid bicyclist for over 50 years, who has unfortunately been a victim of many bicycle accidents, I have witnessed a dramatic increase in bicycle accidents in Philadelphia and surrounding Pennsylvania counties over the last few weeks. Whether it is due to an increase in recreational activities and means of becoming fit or tightened economic situations, more and more people are using bicycles as a primary mode of transportation. In fact, every six hours in America a bicyclist is fatally injured and thousands more are catastrophically injured. Obviously bicyclists have almost no protection when they are struck by trucks or cars, and driver negligence is the most common cause of bicycle accidents. As our experienced Pennsylvania bicycle accident attorneys are well aware, bicycle accidents may also be caused by a highway defect, ineffective and poor bike lane design, traffic signal malfunctions, poor road signage, or a manufacturer’s defect in design or product failure of the bicycle.

If you or a loved one has been injured in a serious bicycle accident, it is important that you contact an experienced Pennsylvania bicycle accident attorney who understands the complexity of highway defect, bicycle, and vehicle accident law. The Philadelphia bicycle accident lawyers of Reiff & Bily have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Together our skilled bicycle accident attorneys have been awarded over $2 billion dollars since 1958 representing the rights of catastrophically injured victims and their families. Put our team of experienced lawyers to work for you. Contact us online at www.beasleyreifflawgroup.com or toll free at 1-800-588-0130 for a free, no obligation consultation.