Philadelphia Injury Attorney Blog

It seems that the tort reformists once again are continuing their attacks on the Philadelphia court system. In a recent article, Philadelphia was listed as the top of eight jurisdictions deemed “hellholes" by the American Tort Reform Foundation with California following second. Tort Reformists claim that Philadelphia judges systematically apply laws and court procedures in an unfair and unbalanced manner generally against defendants in civil lawsuits. Despite the protestations being made by the American Tort Law Reform Association, the question that really must be asked is “Is justice being served?"

Tort Reformists are quick to point out how citizens and lawyers take advantage of certain jurisdictions in America’s legal system. However, if one would look to the lobbyists and corporate bank rollers of the tort reform movement, it is always interesting to note how big business spins the media against lawyers and innocent civilians, throwing any and all obstacles in the way to block their access to the courtrooms.

I watched a documentary on HBO this summer entitled “Hot Coffee," and I cannot recommend this movie highly enough. It is the real story of the infamous McDonald’s hot coffee lawsuit and all matters leading to the misleading phrase known as “tort reform." The tort reformists are quick to point to extreme examples of how citizens take advantage of the legal system and why certain jurisdictions are hellholes. The Constitution guarantees the right to all American citizens to be judged by a jury of their peers, and the tort reformists ought to give the judicial system and jurors the actual credit that they deserve. Certainly there are urban legends of frivolous lawsuits, but for the most part to quote Atticus Finch from To Kill A Mockingbird,“There is only one way in this country in which all men are created equal. There is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of a college professor. That institution, gentlemen, is the court."

Many years ago, a dear friend of my father’s was walking down a dark street behind a restaurant and fell to the bottom of an open shaft as a result of a faulty doorway hatch covering a stairwell which was designed to protect innocent passersby on the sidewalk. The hatch was on top of a delivery stairway used by trucks making food deliveries to the restaurant. There was no reasonable explanation as to why the hatch to the basement was faulty, there were no warnings posted, and it was obvious that the stairwell presented a hazard to pedestrians walking by without notice of the dangerous condition. While the owners and operators of the building and restaurant attempted to put the blame on my father’s friend, it seemed clear cut that no one would jump to the bottom of a delivery chute and that the fall had to be accidental.

Of course, in typical fashion, the defendants tried to throw every obstacle in the path of the man who attempted to make a claim for injuries, which included broken bones, concussion, and broken teeth. Testimony revealed that the individual was still in contact with the sidewalk when he unexpectedly stepped on top of the faulty doorway cover abutting the pavement.

Although this may sound like a freak occurrence, many pedestrians on the sidewalk do not expect that the common sidewalk they walk on may also contain the housing or entryway to a basement of which the building is stocked with supplies. If the pavement or hatch is in ill repair and not maintained properly, the situation is presented where it is simply an accident is waiting to happen. Frequently, a sidewalk adjacent to the vaulted space ends with a masonry or concrete wall that retains the soil beneath the street. Many times there exists deterioration of the structure to the hatch or doorway or a hollowness underneath the sidewalk which may only be seen by those who enter or exit the premises regularly. This collapse risk provides a danger to those unaware of the hazard and requires an experienced premise liability lawyer to fully investigate a claim if an injury should occur.

Since 1979, the experienced Philadelphia premise liability and slip and fall lawyers of Reiff and Bily have successfully tackled some of the most difficult slip and fall and premise liability cases and have achieved many multi-million dollar results on behalf of catastrophically injured clients. Our experienced Philadelphia slip and fall and premise liability lawyers always offer a free, no obligation consultation and a no recovery, zero fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently a jury awarded $10 million dollars to the family of a 13-year-old swimmer who drowned in a man-made lake operated by the town of Ridgewood, New Jersey. According to trial testimony, nine lifeguards were on duty and none of them noticed a surface struggle or submersion of the victim even though a friend of the young victim attempted to rescue him. An expert witness stated that lifeguards were poorly positioned to protect and recognize the victim and violated a standard of care. Unfortunately swimming pool accidents, drownings, and accidents that occur at man-made lakes or supervised swimming areas of many resorts are frequent sites of drowning and result from breaches of supervisory standards of care.

In a tightened economy many townships or owners and operators of real estate containing swimming areas should always make safety their number one priority and not take shortcuts on tightened budgets. If you are a parent, always keep an eye on young children in a swimming area, even if there are lifeguards on duty, and if you are an adult, never swim alone in an unguarded or unsupervised area. Louis Pasteur once said that “chance favors the prepared mind," and it is impossible to predict when the unexpected tragic event will occur.

If you or a loved one has been involved in a swimming accident, contact one of our experienced Philadelphia swimming accident attorneys for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

On November 21, 1980, a fire swept through the MGM Grand Hotel Casino (now Bally’s) in Las Vegas, Nevada, killing dozens and injuring many more. According to records 85 people were killed mostly through smoke inhalation. As I started to practice law in 1979, I was friendly with several acquaintances who were guests at the MGM during the hotel fire and so began my introduction to hotel fires as a young lawyer.

A few years later, in 1986, I was in Puerto Rico with my family on vacation during Christmas break when the DuPont Plaza Hotel in San Juan caught fire and close to 100 people perished. Every Christmas as I celebrate the holidays with my family, generally at a hotel or on a cruise, I cannot help but remember these tragic events which are forever inscribed in my mind.

As a catastrophic injury attorney who has specialized in burns, smoke inhalation, and premise liability, I have handled many cases involving smoke inhalation, carbon monoxide poisoning, and burn injuries. Over the years, if you are a viewer of television news, you have witnessed cruise ship fires on ships operated by a Norwegian Cruise Line (Nordlys), Princess Cruise Line, and Carnival Cruise Line (Splendor).

Several years ago I booked a cruise with my family and friends on a Celebrity Cruise Ship traveling from Buenos Aires, Argentina around the tip of South America up to Valparaiso, Chile. As the ship was coming out of the Rio Plata in Argentina, we were struck with what is known as a white squall and many people were injured.

While these events are only but a sample of what typically would be an unexpected event during a vacation holiday, the fact remains that when you book a hotel or cruise, you have every reason to expect that safety will be priority number one to the hotel or cruise ship operator rather than profits. Unfortunately, many times hotel and cruise ship operators attempt to disclaim liability completely with notices on tickets or on the premises of a hotel stating the “management is not responsible for any loss suffered by guests or their belongings."

As an experienced hotel accident lawyer, one thing is for certain, hotels and cruise lines will generally attempt to gain more protection then they are allowed under the law. Many times an attempt to ban liability can be used by a skilled and experienced premise liability lawyer against the hotel, making them fully liable for the guest’s injuries or losses. A cruise ship that departs from U.S. waters is defined as a common carrier according to '3(6) of the Shipping Act of 1984, 46 USC '1702(6). It is commonly accepted that a common carrier is under a “special duty beyond reasonable care to its vessel passengers." This special duty means that the cruise ship must see to it that cruise vessel vacationers get to and from ports in a safe manner, and furthermore states that cruise liners and their operators must exercise the highest degree of care to protect passengers carried for hire against physical injuries and other types of harm. The liability of cruise ships and hotels for passengers’ burns or smoke inhalation tend to be tricky business and requires the knowledge of experienced investigators and attorneys use to navigating these multi-faceted “waters" and often complex scenarios.

The hotel and cruise ship accident and premise liability lawyers of Reiff and Bily wish all safe travels. However should an accident at a hotel or on a cruise ship occur, we always offer a free, no obligation consultation and no recovery, zero fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Over the last three decades as an aggressive Pennsylvania personal injury lawyer, I hear one common complaint from clients who have had a bad experience with an attorney or are looking to switch law firms, namely that they do not receive any communications from the lawyers representing them and that they have spent a scant amount of time with the client during the initial intake or interview.

When a new client comes into our law firm, I make it point to meet with each and every client and have a rule that all inquiries or concerns must be addressed within 24 hours. The purpose is twofold, one is because I recognize that I must be accountable to my clients added to the fact that in the initial interview it must be clear to me which cases are worth pursuing and which ones are not.

While the skilled Philadelphia car accident and catastrophic injury lawyers of Reiff and Bily only accept approximately 5-10% of the cases that we review, we understand that the first meeting with our client is an important meeting in order to make a proper assessment so that the client has realistic expectations. Many times we find that our firm receives clients or business several years later after a client may have had another accident or incident that occurred after we did not accept a previous case. Those clients remember how thorough our lawyers were and how regularly we communicated with them in an honest fashion.

Our experienced Philadelphia trial lawyers and staff understand that without integrity nothing stands and being thorough and honest with our clients will win our firm more cases and insure client satisfaction as well. Like any other profession, law is an older man’s game, and I note that many lawyers like to talk but very rarely listen. Listening to our clients and their complaints can make all the difference in the world and reveals to the client we care about and understand their issues. Listening also allows us to make more informed decisions and analysis about the case. We understand that lawyers and staff members who do small things correctly will lead to a more successful operation. We understand that referrals are the highest compliments that our law firm can receive and are the life blood of our law firm.

If you or a loved one has been involved in a catastrophic accident or the victim of medical malpractice or a defective product, the experienced 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.

The U. S. Consumer Products Safety Commission has recently issued a voluntary recall of Bella Bliss children’s pajamas because they failed to meet federal flammability standards. The CPSC noted that there is a risk that children could be burned if the pajamas catch fire. The pajamas were imported from Peru and sold through the Bella Bliss catalog and on certain retailers’ websites between January 2008 and June 2011 for approximately $48 to $58. According to the CPSC although no injuries have been reported, they announced the risk that children could be burned should the pajamas catch fire.

Depending on the type of textile weave, weight, and finish, as well as looseness of fit, clothing can pose a serious risk of burns and, unfortunately, even death if it catches fire. Many parents safely assume that children are safe in their beds and cribs as long as they are wearing pajamas. However, this is not the case if the clothing has not met federal flammability guidelines and safety standards. A burn resulting from flammable materials often leads to permanent disfigurement, nerve damage, and death. Burn injuries often require lengthy rehabilitation and reconstructive surgery. Often times the surgeon may have to perform skin grafts to allow the burn injury to properly heal.

The experienced Philadelphia product liability lawyers of Reiff and Bily understand that if a victim’s clothing caught fire as a result of a failure to conform to flammability standards, a lawsuit can be filed against the parties who are involved in the chain of distribution of the clothing as well as the company that sold the product responsible for igniting the fire. Victims and their families have every reason to expect that clothing sold will be safe and free from danger and flammability defects. Our skilled defective product lawyers understand that safety should never take a back seat to profitability of products particularly when it involves children.

The Philadelphia product liability lawyers of Reiff and Bily are committed to representing victims and their families who have been injured by defective products that have been placed in the stream of commerce by irresponsible manufacturers and retailers. 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.

As my law practice requires me to travel throughout much of the Commonwealth of Pennsylvania, particularly in areas where fracking is now taking place on an increasing basis, I have always been concerned about its effect on ground water pollution. Last week, the U.S. Environmental Protection Agency implicated fracking (the controversial method of improving the productivity of oil and gas wells) as a potential culprit of environmental issues. This finding has a chilling effect on inhabitants of areas where fracking continues to occur on an increasing basis.

Fracking involves hydraulic fracturing caused by the pumping of pressurized water, sand, and chemicals underground to open fissures to improve the flow of oil and gas. The EPA announced on Thursday, December 8, 2011 that wells of a Wyoming community contained hydrocarbons, which were compounds likely associated with fracking chemicals in ground water. Residents had complained their well water reeks of chemicals. The EPA announcement may have major implications for the vast increase in gas and oil drilling in Pennsylvania as well as many other locales in the U.S. where fracking is taking place. Although fracking has played a large role in opening up many oil and gas reserves, and the industry has long stated that fracking is safe, environmentalists and residents claim that ground water is being poisoned.

At the consumer safety law firm of Reiff and Bily, we will continue to closely monitor and investigate developments on the implication of fracking and the safety of ground water for residents in communities involved.

Since 1979, the lawyers and staff of Reiff and Bily have dedicated our practice to representing catastrophically injured individuals and their families and have expanded our practice in the last few years to include victims of sexual abuse. As the legal climate has grown more difficult with insurance companies and corporate defendants increasingly delaying, denying, and defending a victim’s right to recovery in courtrooms, our skilled Philadelphia personal injury and catastrophic injury lawyers are more tenacious than ever.

Over the last year, Reiff and Bily joined forces with the legendary Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded billions of dollars since 1957. The outstanding achievements of our lawyers has earned us the highest rating of preeminence in the field of personal injury law by the Martindale Hubbell Bar Register. We have received an AV rating for 17 consecutive years which is the highest possible peer rating in legal ability and ethical standards. Additionally, Jeffrey Reiff has been selected by his peers to be listed as one of the top attorneys in the Northeast and has received a 10/10 superb rating by Avvo.com.

Reiff and Bily has been consistently rated by Law and Politics Magazine, Philadelphia Magazine, and Pittsburgh Magazine as the top attorneys in Pennsylvania, an honor given to only 5% of the attorneys in the Commonwealth of Pennsylvania. Recently Jeffrey Reiff was named as one of the top 100 trial lawyers by National Trial Lawyers. Thanks to your continued support, Reiff and Bily has remained in the forefront of change in the field of product liability law, premise liability law, and product defect law, effectuating many positive changes in the workplace and on our highways. Our skilled Philadelphia trial lawyers understand the value of one’s lost hopes and dreams when an unexpected event happens that leaves the victim on unequal footing and shatters one’s economic abilities to earn a living and provide for a family. There is one way in this country in which all men are created equal. There is one human institution that makes a pauper equal to a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution is the court. We wish you all the best of the holiday season and look forward to continuing to work with you and your clients on a referral basis. We are sincerely grateful for your confidence and trust.

As always, Reiff and Bily offers a free, no obligation consultation in all matters involving serious and catastrophic injuries or sexual abuse. You can trust that you will be treated with the professionalism and expertise that you deserve.

Happy Holidays from the Reiff and Bily staff.

As an experienced Philadelphia slip and fall and premise liability attorney, and also as the owner of a number of real estate projects, I am all too well aware that gutter and downspout defects can lead to a host of problems ranging from property damage to serious personal injuries. If a downspout or gutter is improperly installed, maintained, or designed, it can lead to clogging and overflowing, which can result in accumulation of water in the summer and ice in the winter, which frequently is the cause of slip and fall accidents.

I recently concluded a significant slip and fall lawsuit caused by a defectively designed gutter and downspout system which resulted in a life altering permanent injury requiring installation of medical hardware, permanent disfigurement, and the inability of my client to walk with a normal gait.

Over the last 30 years, I have investigated and litigated a multitude of slip and fall cases caused by dangerous conditions on commercial and private properties relating to improperly placed downspouts, which resulted in serious artificial accumulation of water and artificial conditions, which led to serious and permanent injuries. In the winter time with snow fall accumulations on a roof, it is not an infrequent occurrence for snow to melt, flow down the downspout, and then freeze at night when temperatures drop. Simply stated this creates a dangerous condition to individuals who walk in the area of the downspout discharge. If a victim slips and falls on an ice patch caused by a defective gutter, downspout, or improperly designed or maintained parking lot, driveway, or sidewalk, where accumulations of water collect and freeze, the owner or landlord may be liable.

It is important to conduct regular maintenance to prevent ice patches, as well as treat the affected area with salt and abrasive substances to increase surface friction.

Many municipalities have ordinances regarding how to best way to clear snow and ice from a property in a timely fashion and protect yourself from liability. With the winter months coming, snow and ice are sure to enter the equation and slip and fall accidents are very common.

If you or a loved one has been injured in a slip and fall accident, the experienced Philadelphia slip and fall and premise liability lawyers of Reiff and Bily always offer a free, no obligation consultation. We have over 30 years of experience handling slip and fall cases, and our record of success speaks for itself. We always offer a no recovery, zero fee guarantee and a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Over the last few weeks with temperatures dropping, carbon monoxide, the silent and often odorless killer, has taken the lives of a number of Philadelphia residents as well as their animals. Many other victims were poisoned by carbon monoxide to the point of physical and mental debilitation, requiring hospitalization and hyperbaric oxygenation chamber inhabitation.

Carbon monoxide is a silent killer and notably is the most common cause of accidental poisoning and related deaths. The intake of carbon monoxide fumes decreases the blood’s ability to carry oxygen and low levels of oxygen will frequently lead to cell death including brain and heart injury. Each year the Pennsylvania carbon monoxide poisoning lawyers of Reiff and Bily are called upon to represent victims of carbon monoxide poisoning and our investigations and experience reveal that most times carbon monoxide poisoning is related to an unvented supplemental heater, blocked flue, or improperly maintained heating system.

Our office was recently retained to represent individuals who resided in an older Philadelphia apartment building and fire investigators noted that the heating system had faulty ventilation and a blocked flue. Many victims suffered from the effects of carbon monoxide poisoning and had to be transported by emergency crews to local hospitals.

Other causes of carbon monoxide poisoning are faulty gas and water heaters, clothes dryers, auto exhaust in a closed garage, kerosene and gasoline generators/space heaters, and tobacco smoke and fires. Symptoms of carbon monoxide poisoning include but are not limited to dizziness, headaches, weakness, nausea, vomiting, loss of cognitive function, shortness of breath, chest pains, blurred vision, seizures, cardiac arrest, and loss of consciousness. Many times the symptoms easily mimic the flu or food poisoning and require that you immediately seek medical attention which may include oxygen therapy. If you or a loved one has sustained carbon monoxide poisoning, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com for a free, no obligation consultation.