Posted On: November 30, 2011

When Santa Comes Down Your Chimney This Year, It’s Good For Parents To Make Sure That The Gifts He Brings Don’t Possess A Significant Risk Of Harm, Danger, Or Death To Your Children Advises Pennsylvania Defective Toy and Product Lawyer

Every year as we approach Christmas, we are faced with a barrage of advertising on television, newspapers, and magazines for the latest children’s products and toys. As an experienced Pennsylvania defective product attorney for over three decades, I have unfortunately investigated and litigated claims involving unexpected tragic events that occur when a defectively manufactured or designed product including toys are sold.

As a responsible parent who is also active for many years as a “Santa Claus," I urge all of our readers to visit the website, CPSC Toy Hazard Recalls, before purchasing or giving a toy to your children or any loved ones. This wonderful website lists all toy hazard recalls from the U.S. Consumer Product Safety Commission and identifies such hazards as strangulation, choking, violations of lead paint standards, laceration hazards, suffocation, and violations of federal toy standards. In a tightened economy, many manufacturers and distributors of toys are taking short cuts and yes there are many toys on store shelves that violate federal safety standards for lead and chemicals called phthalates or present a choking hazard. Many toys that are too loud can also lead to hearing damage and many toys contain toxins which can cause irreversible brain damage. While I always hate to put a damper on the Christmas season, and I am frequently attacked by anti-lawyer groups or toy industry lobbyists, I will remain forever committed to consumer safety and the safety of our children.

Posted On: November 29, 2011

Parents and Relatives Who Are in Their Golden Years Must Be Treated With the Utmost Dignity in a Nursing Home or Nursing Facility

Under the law, a nursing facility must promote care for its residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individuality. When our parents or relatives get older, often it is difficult for their children to take care of their long term needs at home and in order to provide the best possible care for loved ones in their golden years, a decision is made to place them under the responsible and compassionate care of a nursing home. Of course, when one selects a nursing home, we look for one with an excellent reputation and rating and anticipate that our loved ones will be cared for in an excellent manner.

I am now 58 years old and have had to place several members of my family into the nursing home system in various states in America. I have also represented many long term care patients and nursing home residents who have been abused or negligently treated as a result of improper training, poor management, and failure to supervise. Over the last three decades, our skilled Pennsylvania nursing home abuse lawyers have investigated many cases of elder abuse including but not limited to sexual abuse, verbal abuse, physical abuse, improper distribution or withholding of medicine, failure to administer proper health care, withholding food, invasion of privacy, as well as other activities which fail to respect the dignity of the nursing home resident.

Several times a month, our skilled nursing home abuse lawyers receive phone calls from children or relatives of victims of nursing home abuse whether it involves a single or repeated act, a lack of appropriate care, or responsive actions. There is nothing worse than the victim’s expectation of trust being breached in their golden years in an abusive manner by a caretaker. The psychological and emotional humiliation of a victim spreads beyond the victim to the family of the victim, and unfortunately remains largely a hidden problem.

The experienced Pennsylvania nursing home abuse law firm of Reiff and Bily is committed to preventing elder abuse. Several of our staff are members of charitable organizations that regularly contribute to the safety and welfare of elderly persons. We work closely with many local and federal agencies and resource centers dedicated to the prevention of elder mistreatment and believe that those who mistreat or abuse our elderly loved ones must be held accountable for their actions. Our skilled Pennsylvania nursing abuse attorneys always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: November 28, 2011

Pennsylvania Insurance Claims Lawyers Hope That Federal Oversight May Help Bring Down the Cost of Insurance in Pennsylvania and Other States

Over the past decade, and particularly over the past few years, many of us have witnessed insurance companies continuing to raise rates for healthcare insurance as they additionally continue to play the deny, delay, defend payment of benefits with a heavier hammer.

As an experienced victim’s advocate and insurance claims attorney who has fought tens of thousands of cases against insurance companies for over three decades, I find the behavior of many insurance companies doing business in the Commonwealth of Pennsylvania and throughout the country to be unconscionable. For the first time ever, the Federal Administration under the instructions of President Obama called on a health insurance company in Pennsylvania to reduce what it is charging small businesses. According to officials at the Department of Health and Human Services, Everence Insurance Company was planning to raise insurance rates on about 5,000 Pennsylvanians by nearly 12% next year and the Federal Administration has claimed that such a rate raise is unreasonable. The Secretary of Health and Human Services, Kathleen Sebelius, stated “The rate is not justified by what the insurers are expected to pay out in medical claims in the state."

As an employer who pays health benefits that seem to be shrinking with every increase in premium, I salute the federal intervention which would seemingly require insurers seeking high increases to justify them publicly. Historically, insurance premiums have been regulated by state governments with great variance and oversight from state to state. Unfortunately, some states have little review based upon a strong political lobby by the insurance carriers while some other states block rates they deem excessive.

If you have been unfairly denied a claim by an insurance company, the unfair insurance claims practices and bad faith insurance claim lawyers of Reiff and Bily always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: November 25, 2011

I Just Stayed at One of the World’s Finest Hotels and Had an Invasion of my Privacy and a Security Issue. Hotel Security Lawyer Weighs In.

I recently found myself in South Florida at the Mandarin Oriental Hotel where I was attending a wedding. The property is simply beautiful and one of the most highly rated hotels in the country. However, as an experienced traveler, I had one of the most disappointing hotel experiences ever including what I consider to be a breach of security and invasion of privacy which had the potential to lead to a dangerous and unfortunate outcome. I posted a review on tripadvisor.com and upon reading other reviews, noted several similar negative experiences concerning items disappearing from the room and other issues that could lead to potential liability for the hotel operator.

As an experienced hotel inadequate security and hotel premise liability lawyer, my experience and the experience of others as mentioned on various travel advisory websites, including but not limited to tripadvisor.com, call to mind the old adage that one should never judge a book by its cover. When you go to a 5 star hotel such as the Mandarin Oriental it is nice to assume that general hotel security measures will be in force, but one should not fall into a zone of absolute comfort and security. During the Thanksgiving holiday season, many of our readers will travel away from their homes and expect that their hotel will be their safe “home away from home". Hopefully it is the rare occasion where one will run into a safety issue at a hotel; however, chance favors the prepared mind and it pays to always take a bit of precaution even at the finest hotels.

Never let anyone in your room unless you can accurately verify who the individual is. Take a rubber door stop which can prevent unauthorized entry to the room. Try not to exit or walk in dimly lit areas without another person or security. If you are a female, ask for a female server if you use room service. Always use the in-room safe. While the safety and privacy of hotel/motel resort and cruise ship guests should be a top priority for hotel owners and operators, unfortunately many times this is not the case. Typically we do not learn about inadequate security, invasion of privacy, or premise liability situations at hotels until an easily avoidable tragedy has occurred.

The Pennsylvania inadequate security and premise liability law firm of Reiff and Bily has over three decades of experience handling negligent security cases on behalf of victims who have been assaulted, robbed, or had an invasion of privacy at a hotel, motel, or resort. If you have suffered a physical injury, robbery, or assault because of negligent security or breach of security, we will begin an immediate investigation of your case to preserve evidence and properly prepare your case against the wrongdoer. Our skilled premise liability lawyers have been protecting the rights of injured consumers since 1979, and always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: November 22, 2011

We Have So Much to be Thankful For

If you have good health, unimpaired eyesight, clear mental faculties, the full use of all your limbs, and the ability to work, you have the greatest causes of thankfulness in the world. All human life has a destination and it is said that God laughs at those who make plans.

At the experienced Philadelphia personal injury law firm of Reiff and Bily, we understand all too well what happens when an unexpected tragic event occurs, and at this time of the year, we celebrate the value of hope and the private and personal blessings that we enjoy as well as the blessings of liberty, justice, and integrity which deserve the Thanksgiving of a whole life.

On this Thanksgiving, we give thanks to our clients, the families of our clients, and open up our thankful hearts and minds.

Attorneys Jeffrey Reiff, Raymond Bily, and the staff at Reiff and Bily would like to wish you all a Happy Thanksgiving holiday and ask you to give thanks for all you have. We are thankful for all of you and thankful for those in the military forces who will be unable to spend the holidays with their families as they protect us from harm all over the world.

Wishing everyone a most safe and fulfilling Thanksgiving.

With all the best to you and your families.

Posted On: November 18, 2011

Maybe Your Medical Malpractice Case is Really a Product Liability Case

Over the last three decades our experienced Philadelphia trial lawyers have successfully represented individuals who were injured as a result of medical malpractice as well as product liability due to design and manufacturing defects. Over the last few years, we have witnessed a recall of many surgically implanted medical devices due to mechanical failures or design defects. Notably and more recently in 2010, Johnson & Johnson recalled its ASR XL DePuy tabular metal on metal hip implant after data from a recent study indicated that there was a more than normal failure rate identified due to component loosening, component misalignment, infection, bone fractures, dislocation, metal sensitivity, pain, tissue damage, and muscle damage.

Our DePuy implant failure and recall lawyers have been investigating and litigating a number of these cases, and our investigations have revealed that many renowned physicians who were using this device were also victims because they had not been warned by the manufacturer that the devices they were using and implanting in their patients were dangerous. While many lawyers have chosen to litigate against the physicians for malpractice and negligence, our skilled product liability lawyers understand that in an era of medical malpractice caps and severe limitations on medical malpractice verdicts, it is important to explore all of the alternatives and to look in other directions. In fact, a doctor who unknowingly implanted a defectively designed or manufactured product is now in a position to be one of the best witnesses and advocates for the plaintiff.

In another case of which we have learned involving botched circumcisions, a minimal offer was made by the medical malpractice insurance carrier. However, a skilled team of product liability lawyers decided to investigate and research the circumcision device itself. A circumcision tool known as a “mogen clamp" was routinely used by physicians performing circumcisions. Unfortunately an investigation revealed that the mogen clamp had been linked to numerous penile amputations, and unlike other circumcision tools did not provide for protection for the head of the penis and was designed so that the physician could not see the head of the penis when applying the scalpel to the foreskin. The device’s manufacturer and distributor removed it from the market in 1994 after an injury report but did not recall the clamp or send doctors a warning letter. In 2000, the FDA informed the circumcision tool’s manufacturer to warn all doctors who might be using the clamp. However, the company did not do so.

Very simply put, the underlying product liability cases in these situations are much stronger than a typical medical malpractice or negligence situation and serve as a perfect example of how a creative trial lawyer with years of experience can think out of the box and do what is best for his client when traveling down a road often less traveled.

The skilled Pennsylvania medical malpractice and product liability lawyers of Reiff and Bily have consistently placed the safety of consumers and patients above the bottom line of manufacturers who design and manufacture defective products, and we always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: November 16, 2011

Who Would Have Thought That Drinking a Martini With Olives Could Potentially Lead to a Life Threatening Illness or Worse Yet, Death?

Okay, I admit it. I like to drink a martini now and then. However, I am now going to order my martinis with a twist of lemon instead of olives due to the fact that I have just learned of a new defective product recall of certain organic olives in all size glass jars, cans, and different lots that have the potential to be contaminated with clostridium botulinum, a bacteria which can cause life threatening illnesses or death.

Unfortunately two adults were hospitalized and diagnosed with botulism after consuming stuffed olives produced by Bio Gaudiano, Lot Number H2510X, expiration date 09/2012. Consumers are now being warned not to use the product even if it does not look or smell spoiled. Botulism, a potentially fatal form of food poisoning, can cause general weakness, dizziness, double vision, and trouble with speaking or swallowing, as well as difficulty breathing, weakening of muscles, and abdominal distension. People experiencing these symptoms should immediately seek medical attention.

As an experienced Pennsylvania product liability and Philadelphia product defect lawyer, I urge all of you to subscribe to www.recalls.gov, a fantastic online resource for recalls of consumer products, boats, motor vehicles, food, medicine, cosmetics, and environmental products. There is even a recalls.gov mobile application and links to other valuable product recall websites such as www.safercar.gov, NHTSA, USDA, and FDA.

The experienced Pennsylvania product liability and defective product law firm of Reiff and Bily is committed to consumer safety and believe that profitability should never take a back seat to consumer safety. Our experienced Philadelphia-based Pennsylvania product liability lawyers always offer a free, no obligation consultation and a no recovery, no fee guarantee if we decide to accept your case. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: November 15, 2011

Why a Grief Counselor May Be One of the Plaintiff’s Lawyers Greatest Assets in the Trial of a Catastrophic Injury or Wrongful Death Case to Help Convey the Value of Lost Hopes and Dreams

I was recently discussing a catastrophic death case with my opponent who seemed most focused on learning about how my client’s daily life and activities were affected from the catastrophic accident that tragically took her husband’s life when he was 32-years-old.

My client was perfectly healthy when he went in for a simple and innocent medical procedure and died one of the most painful and horrific deaths after he languished for many weeks with what our skilled medical malpractice lawyers and experts considered to be a negligent medical diagnosis and treatment. Obviously the words that I communicated to my experienced opponent seemed to ring hollow as I described what life was like for the surviving widow and young children of the unfortunate victim. As an experienced Philadelphia medical malpractice and product liability lawyer who has shared the losses of loved ones with all too many families over the last three decades, and as one who has also suffered the loss of a parent and dear friends, I understand that it is hard to put into words the feelings and emotions that overcome an individual when they learn of another’s passing and have to deal with it on a daily basis.

Many years ago, while handling a mass catastrophic accident involving the deaths of five individuals and extraordinary life changing injuries to nine others, I attended many funerals and had occasion to embed myself with the families of the victims. The outpouring of grief and emotions is almost impossible to accurately describe and communicate, and therefore, I reached out to an experienced grief counselor who had worked with victims of the 9/11 World Trade Center catastrophe. The grief counselor assembled a group of psychologists and psychiatrists to interview and counsel the surviving family members and was able to document and explain to the defense and the parties that they represented the complexities of grief and emotional trauma suffered by the plaintiffs and their survivors. Experienced grief counselors and psychologists understand the normal path of bereavement and grieving. I have learned that bereavement and grief possesses many different stages for individuals and have learned that as chance favors the prepared mind, it is best to prepare for this type of questioning by defense in any catastrophic injury or wrongful death case. Whereas a widow or child will normally be extremely emotional and cry as they detail the grieving process, a grief counselor and psychologist can assist in demonstrating the emotional damage aspect of the legal claim and help jurors understand the true extent of a client’s suffering.

If you or a loved one has sustained a catastrophic injury or wrongful death, the experienced Philadelphia personal injury and Philadelphia trial lawyers of Reiff and Bily understand the heartbreak and sorrow and what it takes to recover the financial damages to which you are entitled. We always offer a free, no obligation consultation as well as a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: November 14, 2011

How a Visit to a Local Philadelphia Gas Station Mini Market Changed the Life of a Visiting Customer Who Was Injured in a Slip and Fall Due to a Clear Violation of Building Codes

In the winter of 2011, a client of ours parked her car and exited her vehicle to walk toward the sidewalk at the side of a relatively new convenience store. Although the lot had been plowed after a snowstorm, this young woman had to step over a pile of snow along the curb that had accumulated. After carefully and safely stepping over the snow mound, she went to enter the store and violently fell and slipped backward on black ice injuring her back and leg, requiring surgery and the permanent insertion of hardware and screws which left her with a permanent disability and physical scarring.

As an experienced Philadelphia slip and fall attorney who has lectured commercial business owners and hospitality providers on the dangers of slip and fall accidents, we immediately contacted an architectural and engineering specialist to review the facts of the situation. Just as I had originally guessed, an artificially created accumulation of ice had occurred due to an improper discharge of a defective roof drainage gutter system and downspout. The standard practice for safe walking surfaces is set forth in a nationally published consensus standard which should be followed to provide reasonably safe walking surfaces. It provides that walkway surfaces shall be slip resistant under expected environmental conditions of use and shall contain an abrasive additive, cross cut grooving and texturing, and other appropriate means to render the surface slip resistant where wet or icy conditions may be reasonably foreseen.

Also, taking into account that it was winter, the law of Pennsylvania requires that property owners be prepared to deal with the effects of winter weather such as snow or ice. This can be done in-house or contracted out. The local ordinance provided that all sidewalks, walkways, stairs, driveways, and parking spaces must be kept in the proper state of repair, maintained free of hazardous conditions, and that all roof and gutter drainage systems shall be sound and tight without having defects to admit rain. Roof drainage must be adequate to prevent dampness, the deterioration of walls or the interior portion of the structure and roof. Drains, gutters, and downspouts shall be maintained in good repair and free from obstructions so that roof water shall not be discharged in a manner that creates a public nuisance.

The National Association of Convenience Stores, a trade association for convenience stores, published a manual entitled “If Somebody Slips, Your Business Could Fail" and “Move It, Fix It, Prevent It: Avoiding Slips, Trips, and Falls." To make a long story short, it was clear that our skilled Philadelphia slip and fall lawyers were able to successfully argue that the roof water was not discharged in a safe and proper manner and was in violation of code thereby creating a public nuisance and hazardous condition which resulted in permanent disabling injuries. We were also able to demonstrate that the hazardous condition violated the requirements of Americans With Disabilities Act and caused a dangerous condition which was the cause of the client’s fall.

If you or a loved one has been involved in a slip and fall or premise liability accident and have suffered serious injuries, why not have a free consultation with a team of experienced Pennsylvania slip and fall lawyers who have handled thousands of slip and fall cases for over three decades, leading to many multiple six and seven figure recoveries on behalf of their clients.

Posted On: November 11, 2011

Sex Abuse Scandal at Penn State May Have Hundreds of Thousands of Victims

A revered and distinguished football coach of 46 years was dismissed by the Penn State University Board of Trustees along with University President Graham Spanier after the U. S. Education Department announced a Federal investigation of conduct at Penn State. Other University officials have also been charged with failing to report an incident in 2002 when former Assistant Coach Gerald Sandusky was alleged to be sexually assaulting a child. The recent events in the streets of State College, Pennsylvania by thousands of students indicate the humiliation, disgrace, and disgust that the abhorrent and horrific behavior of the sex offender and those with knowledge of the behavior has unleashed.

Yes, like many other sexual offenders whether they be clergy, doctors in medical institutions, psychiatrists, or law enforcement officials, this situation clearly illustrates how one individual, or a small group of individuals who have power, authority, and engaged in a cover-up, can bring down one of the most revered educational and athletic institutions and affect the legacy of its students and graduates who are also victims of this offense. The anger expressed by the students on the Penn State campus on Wednesday evening, November 9th, led to the overturning of a news van and a chemical spray to disperse demonstrators. Joe Paterno was the proud and revered coach for 46 years at Penn State and a mentor to so many not only in the field of athletics but in the way he conducted himself and his players. Coach Paterno always seemed to be a model of integrity and morality.

As an experienced Pennsylvania sexual abuse attorney, I do believe it was in the best interests of Penn State’s Board of Trustees to have a change in leadership as well as fire Joe Paterno and the University President. Although I am sure that this was a most difficult decision, there is something much greater at stake than the Penn State athletic teams. Although Joe Paterno conducted his most distinguished career in a conservative and moral fashion, it is my personal opinion as a Pennsylvania sexual abuse attorney that nothing approaches the horrors and gross negligence that allowed a close associate of Joe Paterno’s to allegedly repeatedly prey upon children whose lives will be forever scarred.

I am led to understand that even Joe Paterno admitted that he should have done more to stop the physical and psychological suffering outlined in brutal detail in the Grand Jury report surrounding this horrific incident. Obviously, as his actions clearly reflect, Coach Paterno chose to do nothing about it and the real victims of this tragedy like so many of the sexual abuse scandals that have affected the church and the Archdiocese is a loss of credibility, morality, and integrity that will accompany the true believers of the Penn State legacy. I am fond of stating that “without integrity nothing stands," and a man must be judged by his actions and not his words.

The cowardly actions of those who had knowledge of these horrific sexual offenses will reveal a lack of strength and courage and an altering of the conscience and moralities emphasized by Coach Paterno which has now broken the hearts of so many who revered him and who are also victims of these offenses. Time always discovers the truth.

Posted On: November 10, 2011

Sex Abuse By Those In Positions Of Power Mentally and Emotionally Cripples The Victims and Ultimately Tears Down The Finest and Holiest Of Institutions

The last few years have revealed to the American and international public some of the most unimaginable stories and horrors of sexual abuse. Increasingly adults in their 30's, 40's, and 50's are coming forward to reveal some of the greatest horrors that one can imagine. As a young attorney, I prosecuted rape cases and then when I went on to briefly practice criminal law on the defense side, I was asked by my superiors to represent a number of sexual abuse perpetrators. Although it was very much against my conscience and made me physically and mentally ill after handling a number of these cases, I recognized how mentally ill some individuals can be and dramatically decided to change my practice to the civil side of law representing victims of sexual abuse. I purchased an office building in Philadelphia and among my tenants was Women Organized Against Rape and a psychiatrist who specialized in treating victims of sexual assault and domestic violence. Thereafter, a close immediate family member was the victim of a horrific sexual assault and rape, and therefore, I began to take a greater interest in the subject matter of sexual abuse only to realize that there was an epidemic of sexual abuse and violence lurking beneath the cover or veneer of many prominent individuals, nursing home officials, politicians, church officials, and physicians.

The recent Penn State sexual abuse scandal involving the alleged sexual assaults of minor male children by Gerald Sandusky over a period of years illustrates how an individual with power and authority, who on the surface is a renowned football coach praised for his civic affairs who was allegedly devoted to helping troubled young boys and others, forever ruined the lives of victims and has the potential to bring one of the holiest of football and educational institutions tumbling to its knees from a reputation standpoint.

According to the investigation, Sandusky was a highly regarded Penn State defensive coordinator for 23 years, and while coaching started The Second Mile in State College, PA which was defined as a foster home dedicated to helping troubled boys. Sandusky's charity was dedicated to helping children with absent or dysfunctional families and designed to help children who needed support to benefit from positive human interaction. Of course as the tale is told and will be explored no doubt by newspapers, lawyers, and university officials, these sexually abused victims did anything but benefit from this program's "positive" human interaction. Like many other victims, these young boys were extraordinarily vulnerable due to their social situations and stations in life, and I can assure you of one thing that no matter what is in store for the sexual perpetrators, the lives of these victims will be permanently scarred.

Continue reading " Sex Abuse By Those In Positions Of Power Mentally and Emotionally Cripples The Victims and Ultimately Tears Down The Finest and Holiest Of Institutions " »

Posted On: November 10, 2011

Could It Be That Trial Lawyers, Who Often Get A Bad Rap From Politicians, May Be Responsible For A Dramatic Increase In Product Recalls and Resulting Consumer Safety?

I bet many of my readers own or have owned products that were recalled by manufacturers over the last few years. Statistics recently revealed that defective product recalls in the third quarter of 2011 affected nearly six times as many units as the previous three month period for food products. Almost half of the food products recalled were declared potentially dangerous due to undeclared allergens which posed a threat to consumer safety. Recalls of pharmaceutical and medical device products also substantially increased.

As an experienced Pennsylvania product liability lawyer, I welcome the initiative taken by manufacturers and retailers who are now paying closer attention to the safety of consumers by acting more diligently in the discovery and reporting process of potential hazards. For over thirty years, I have litigated product liability claims with brethren across the United States against corporations that were all too often unwilling to admit that a product in question was defectively designed or manufactured, creating a dangerous and unsafe condition to innocent and unknowing consumers. Manufacturers and retailers of defective products historically have emphasized profitability as a priority over safety. The efforts of product liability lawyers throughout the United States have resulted in increasingly holding manufacturers of defective motor vehicles, dangerous drugs, contaminated foods, dangerous and defective machinery, and amusement park rides accountable and responsible for the harm caused to others. I believe that the “fear factor" of a potential plaintiff’s verdict coupled with national and state regulatory enforcement has contributed to a safer world for all of us.

It always surprises me in the jury selection process to learn how biased a pool of potential jurors can be toward a victim or the family of a victim who has sustained a tragic loss or death as a result of a defective product. Many individuals in the jury pools think it is okay for companies to manufacture and place defective products in the stream of commerce until an unfortunate accident or tragedy happens to them or a loved one or family member.

Continue reading " Could It Be That Trial Lawyers, Who Often Get A Bad Rap From Politicians, May Be Responsible For A Dramatic Increase In Product Recalls and Resulting Consumer Safety? " »

Posted On: November 9, 2011

Too Many Amusement Park Accidents Which Critically Injure or Kill Children Result From Operator Error and Failure to Maintain “Common Sense" Safety Precautions – Uniform Federal Oversight and Regulations Must Be Instituted

Last weekend unfortunately witnessed yet another preventable amusement attraction accident which critically injured a 4-year-old at the Louisiana State Fair. While the official State Fire Marshall report blames operator error, perhaps there may be more to the story.

According to news sources 4-year old Sheldon Lewis was trapped under a ride for 30 minutes when a toddler accidentally activated the amusement ride’s control panel after the operator left the ride in idle and left the operation key in place while he was unloading children. At first glance it appears that the cause of the accident was an unauthorized person who flipped the control switch energizing the ride while the operator left the ride in idle to unload other children. Our hearts, thoughts, and prayers go out to the family of this young victim, and we would suggest that they contact an experienced amusement park accident lawyer to conduct an independent investigation which may reveal additional causes or factors of this amusement accident and perhaps reveal manufacturing or design defects in the actual amusement attraction. Whenever children are involved, as is the case with so many amusement park attractions, there should be safety switches and overrides in place to prevent an accident such as this from happening.

All too many times, as an experienced amusement accident attorney, I find that state and local officials are not well trained in the technical aspects of amusement operations and fail to investigate beyond the obvious. Amusement park, water park, carnival, and state fair accidents will continue to injure children and adults until there is a uniform governmental authority regulating the maintenance, inspection, and operating procedures of many amusement parks and state fairs. Most state agencies are not properly motivated to insure safety and have an inherent conflict of interest with those who contribute so much economic welfare to a local area. Most state and local amusement inspection bureaus lack budget resources and technical experience necessary to carry out proper safety checks and properly investigate accidents.

Unfortunately, as an amusement park accident attorney, I have discovered many improper practices taking place in the amusement park industry with regard to accident investigation. I fully believe that until the federal government takes greater steps to regulate amusement park safety, it is up to dedicated amusement park accident lawyers to fight for consumer safety and protection where many amusement park operators and amusement attraction manufacturers continue to place profitability ahead of safety concerns. The amusement park industry requires more stringent regulation on a national level.

For over three decades, the experienced amusement park and water park accident attorneys of Reiff and Bily have worked with a skilled team of independent investigators and experts to carefully represent the interests of those injured, maimed, or killed as a result of an amusement park or water park accident. We always offer a free, no obligation consultation and always believe that customer safety should always take priority over profitability.

Posted On: November 4, 2011

Why Are So Many Lawyers Overweight, Depressed, and Always Arguing The Blues? - Experienced Philadelphia Catastrophic Injury Lawyer Weighs In

I have been actively practicing law since 1979 and yet many times when I meet colleagues who are trial lawyers they cannot help but tell me how much they hate the profession and can’t wait to get out. Many of my colleagues drink to forget and eliminate the stresses of the profession. On the other hand, there are many lawyers such as myself and my partners who love to practice law and feel blessed to have the opportunity to represent so many wonderful clients in need of our services. The practice regularly gives us energy as rise to new and different legal and interpersonal client challenges.

Since 1979, I have vigorously represented clients who have been catastrophically injured or wrongfully killed due to the negligence of another or due to a defectively designed or defectively manufactured product. I have always been amazed at how insurance companies and their “hired gun" defense attorneys attempt to minimize the value of a life changing injury, disfigurement, loss of reputation, impairment of mental and physical capacity, frustration, humiliation, degradation and an non-inclusive list of other factors when these same people will purchase pieces of art at prices in the millions or hundreds of millions of dollars. I have often asked myself why is a piece of art worth more than the value of a lost life or worth more than the injuries sustained by one whose life has been catastrophically changed due to the negligence of profit seeking motives of another. I have understood that as an experienced Philadelphia trial lawyer, I deal with situations on a daily basis where we must face the value of our client’s lost hope or dreams and yes, while many of the cases involve some of the most depressing facts that one could conceive, I still believe that in representing seriously injured clients, the loss of their dreams is much more important than the intangible value of a piece of art and have always given of myself 110% percent to help my injured clients and their families recover compensatory damages necessary to keep their dreams and hopes alive. Being a lawyer defines my life and I look forward every day to giving the best counsel possible to my clients. I understand that the greatest use of a life is to spend your time doing something that will outlast it and I know that the finest trial lawyers that I work with love what they do and understand that the pursuit of justice is truth in action. We understand that every individual and corporate entity has a responsibility for injustice anywhere in life and everywhere in the community.

Posted On: November 3, 2011

How Can It Be That Friday Night or Evening Football Games and Other Evening Sporting Events Are Potentially More Dangerous For Fans In The Bleachers Than The Players

I was recently at an outdoor sporting event squeezing my way through people seated in the bleachers when I almost tripped and fell through one of the large gap openings. Although my wife many times tells me that I can be a “klutz", on this evening I saw many other people fall forward as their legs and feet almost slipped through the large gaps. What immediately came to mind, particularly as a Philadelphia premise liability and slip and fall injury lawyer, was that there was a significant risk of harm to innocent and unknowing visitors at the game. Yes, similar types of bleachers are used for sporting events, graduation ceremonies, parades, and other activities and often are constructed very quickly without giving a thought to proper guardrails, violations of building codes, and more importantly proper lighting which would illuminate or warn potential victims of a danger. Many of the bleachers in use today are not required to comply with building codes. However, it is important for the operator of the event, and owner of the bleachers to provide a safe sitting and walking arrangement to all who occupy the bleachers with an emphasis on slip and fall protection.

The U.S. Consumer Product Safety Commission takes this so seriously that they recommend retrofitting measures for many bleachers currently in use. The CPSC retrofitting measures recommends details for proper placement and arrangement of railings to prevent falls.

If you or a loved one has sustained an injury or fallen from a bleacher, it is best to immediately contact an experienced premise liability and slip and fall attorney who will work with experienced architects, civil engineers, as well as warning, illumination, and product defect analysis experts to determine who should be held accountable for resulting injuries. As always, the experienced Pennsylvania slip and fall accident and premise liability lawyers of Reiff and Bily offer a free, no obligation consultation. If we are successful in a recovery, you don’t owe us a dime. For over three decades we have successfully represented victims and their families in Pennsylvania and throughout the country jointly with co-counsel assuring that justice is served. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: November 2, 2011

Is Your Chiropractor Helping You or Hurting You?

As an experienced Philadelphia personal injury and Philadelphia car accident lawyer, I have literally dealt with thousands of chiropractic care cases involving injured clients. For the most part, although many people and defense attorneys consider chiropractors to be “quacks" or “light and magic shows", mostly I have found that chiropractic manipulation proffered by the properly trained and caring chiropractor can be most beneficial.

In fact, I regularly require chiropractic manipulations and have benefited more therefrom than traditional physical therapy. Unfortunately on the other side of the coin remains the fact that many chiropractor’s offices are nothing more than accident mills operated by businessman or chiropractor more interested in making money rather than offering proper patient care and manipulation.

The underlying basis for chiropractic is the belief is that all physical diseases are the result of misplaced spinal bones and that subluxations of spinal vertebrae cause disease by interfering with the flow of nerve energy from the brain to the body=s tissues. Accordingly, spinal adjustments by a properly trained chiropractor are technically supposed to restore vertebrae to their proper places and allow brain energy to heal the diseased condition. Obviously in order to properly treat a disease or condition, it is completely necessary to have an accurate medical diagnosis as to what constitutes treatment. Many chiropractors administer spinal manipulation without first accurately making a proper medical diagnosis utilizing confirming x-rays, CT scans, or MRI studies and many types of chiropractic medical malpractice claims evolve when a patient sustains an injury or aggravation by manipulation of the musculoskeletal system or the spine where the patient suffers from an illness, disease, or other injury that was not diagnosed. For example, if there is a herniated disc with potential impingement on the spinal nerves and the chiropractor fails to diagnose this condition and engages in aggressive treatment that worsens the condition instead of prescribing immediate medical intervention or diagnosis, that chiropractor may have caused more harm to the patient and may be guilty of chiropractic malpractice. Many times chiropractors don't fully explain the situation to the client or patient and the patient receives treatment or some part of treatment without the informed consent necessary to make an educated decision. Sometimes cervical manipulation or a neck adjustment technique can be more devastating than helpful and can lead to a stroke. A neck adjustment by a chiropractor can cause a dissection of vertebrae or the carotid artery resulting in stroke. The number of chiropractic malpractice and manipulations that report in strokes is vastly under reported in medical literature due to the fact that many patients suffer irreparable brain damage and cannot remember the chiropractic manipulation. All manipulations carry the risk of life threatening accidents and it is important that if you are receiving chiropractic care to do your homework and make sure that you are not treating in an accident mill just focused on volume rather than quality care.

If you have sustained an injury that you believe was caused by chiropractic negligence or malpractice, the experienced and skilled Philadelphia medical malpractice attorneys at Reiff and Bily are always available to offer a free, no obligation consultation and work with the finest medical and chiropractic experts throughout the nation. We always offer a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: November 1, 2011

The Unattended Hotel Or Motel Swimming Pool Is An Accident Waiting To Happen And The Operators And Owners Are Potentially Liable If Someone Drowns Or Sustains A Catastrophic Injury

Recently a young boy drowned while swimming at night in a swimming pool owned by a major hotel chain while attending a wedding reception. Although alcohol was involved, there were numerous other violations pointing to owner/operator negligence for swimming pool operations and premise liability which led to the tragic death. Recently I was a guest at another major hotel chain with an indoor pool and was surprised to notice that the hotel did not secure the pool at night by locking doors even though claiming it was closed during evening hours. The hotel’s actions indicated that guests were allowed to swim at night and the area was dimly and darkly lit. The hotel also had business and social functions ongoing in the lobby and bar areas and it was very possible for guests who were intoxicated to enter the pool.

In the hotel swimming pool drowning accident case where the boy drowned, an aquatic safety consultant was retained and stated that the hotel was negligent in that it failed to secure the pool at night with locked doors or gates even though they claimed it was closed during evening hours. Routine pool controls and patrols were not conducted for safety and the pool was lacking safety signs, rescue and resuscitation equipment. There was no one on staff ultimately in charge of the pool and in fact, many of the safety breaches which led to the finding of liability on behalf of the hotel chain were in violation of the company’s written policies.

As an experienced Philadelphia hotel safety and Philadelphia swimming pool accident lawyer for over thirty years, I understand that safety is priority number one and that hotels and motels owe the highest duty of care to those who visit the premises as customers to insure their safety and protect them from significant harm or death. If you or a loved one has been injured as the result of a swimming pool accident, please contact us for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.