Philadelphia Injury Attorney Blog

A tread separation or tire delamination can lead to one of the most deadly auto accidents imaginable. The TBC Corporation is recalling certain Sigma Stampede radial SUV tires, size P265/70R17 equipped with DOT code UTT6TX60112. The recall notes the contaminated rubber may have been used in the tread compound which could result in tread separation.

Tread separation can result in loss of vehicle control, increasing the risk of vehicle crash.

TBC will notify owners, and dealers will replace the defective tires free of charge. Free mounting and balances will also be included as applicable.

The recall is expected to begin July 2, 2012. Owners may contact TBC at 1-901-363-8030. TBC’s recall number is 156. The recall was issued June 27, 2012 at 11:50 a.m. under NHTSA ID number 12T011000. The TBC recall number 156. Owners may also contact the National Highway Traffic Safety Administration vehicle safety hotline at 1-888-327-4236 or go to http://www.safercar.gov.

At Reiff & Bily, our tire recall attorneys have a successful track record holding negligent auto manufacturers liable for their oversight and disregard for consumer safety. We know that there is only so much that even the most experienced and cautious driver can do if a tire on their vehicle is defective and causes an accident. To ensure that you and your family recover all that is due to you, please call us today at (800) 421-9595 for a free consultation.

All of us have friends or relatives who claim to “know it all”. I recently had the opportunity to meet with a client in the presence of a dear friend who tended to monopolize the conversation and interfere with the proper work to be done by myself, investigator, and associates. The “friend” had watched all too many lawyer TV shows and did not have a clue about the realities of litigation.

The “close friend” who accompanied the client was so insistent on “proving” to me that he had an extensive business background and litigation experience despite the fact that he was rather ignorant and the meeting turned into a contentious waste of time, whereby I felt that the client’s legal interests were being harmed by the “dear friend”. I later learned from the client that the friend previously caused a breakup in other meaningful relationships as well as with attorneys who had been working on her legal case prior to my involvement.

In the last 33 years, I have been involved in legal situations where a friend or relative has interfered with a case so much that their beneficial intentions result in harm.

Many times when there is a tragic event involving catastrophic injury or the loss of a loved one, many friends and relatives come out from the woodwork. Many will have their own view on how the case should be handled, how much money the case is worth, and their own opinions as to liability or jurisdictional issues. Most of the time, their opinions are nothing more than uneducated puffery which act as a fly in the ointment. There is no substitute for experience and after three and a half decades of practicing law, I have come to learn that legal advice should be judged by results and experience and not by the intentions of friends.

The experience and specialized training required to prosecute a complex injury or product liability case in the highly complex structure of the law today is not something that can be taken lightly by any client, friend, or family member.

Are They Just International Students Visiting the U.S. Temporarily and Pitching in to Help Prop Up the Summer Tourism Industry?

A recent article in nj.com entitled “How International Students Snag Boardwalk Jobs…” accurately noted that when you ask workers along the Jersey seashore and boardwalk where they call home, you are more likely to find someone from Bulgaria, Bernardsville, or Egypt instead of Egg Harbor.

Each year, thousands of students from Eastern European and other international countries work on the New Jersey boardwalk in the amusement parks, water parks, and arcades as part of a federal summer work travel program. Over the summer, more than 108,000 foreign students are placed in jobs across the country for three to four month stints. In 2011, 7,000 came from abroad to the Garden State of New Jersey and worked in a myriad of service industry jobs. Critics state that the summer work travel program has evolved into little more than a cheap source of labor for employers under the veil of a more noble pursuit, bolstering diplomatic ties with other countries by way of cultural exchange.

As an experienced amusement park accident attorney, I have great concerns that many times young foreign workers who are operating and maintaining rides to whom the safety of our innocent children is entrusted lack experience, maturity, and understanding of the safety factors and risk involved.

The Human Resource Director for Morey’s Pier, Denise Beckson, stated, “We hire from both Asia and Europe primarily,” and noted that Pakpilai Wongla, age 22, and Ratruthai Pansawang, 21 of Thailand, worked at Morey’s Pier from March until May as ride operators. Each one of these individuals allegedly paid in excess of $2,000 just to come to New Jersey and then paid for housing once they were here. Many of these kids are charged by employers to live in accommodations and often they spend more than $2,000 in travel expenses and fees to recruiters and sponsors but some pay much more.

One of the critics of the program has stated that the primary problem with the visa program is that the State Department has outsourced much of the oversight to sponsors of the program and accountability gets blurred. Critics of the program also state that it is a source of cheap labor for employers because foreign workers will often accept lower pay and federal taxes are not paid on their wage,s making them more attractive over local labor. For more information and details please read the news article.

As a skilled injury lawyer who has investigated and litigated a number of amusement park accident cases where victims have sustained catastrophic roller coaster injuries and deaths, I remain extraordinarily concerned that language and cultural barriers may impede safety of consumers and guests. As Pansawang was quoted in the article, “For me, I wanted to learn to become a native speaker. It helps me understand better to be here.”

In one of the amusement park death cases I am handling, a foreign exchange student is believed to have been entrusted with the operation, safety, and life of a victim who lost her life due to alleged negligence in the operation of the amusement park attraction.

Last September, an employee of a Hawaiian zip line adventure was killed and another person was seriously injured as a result of a tower collapse allegedly caused by ground anchored soil that failed to withstand the load of the tower holding the cables and its riders. The Hawaiian State Department of Labor and Industrial Relations, Bureau of Occupational Safety and Health Division concluded their investigation of GoZip, LLC and noted that there was a direct relationship of the zip line company’s failure to take reasonable precautions that would ensure that anchors being used on the zip line system were sturdy enough to support the loads being carried.

According to news sources, the tragic zip line accident occurred as an employee of the zip line company was test riding the zip line while another person, a resident of Ohio working on the project, remained on the platform of a tower located at the upper end of the line. It was at this time that the ground anchors supporting the tower were unexpectedly and abruptly pulled out of the ground causing a tower collapse and the zip line cables to sway into the stream valley. The 36-year-old employee riding the zip line fell 200 feet suffering severe injuries that lead to his death and the employee stationed on the platform fell approximately 30 feet suffering serious injuries.

The investigation revealed that the soil in which the anchor system was rooted contained Pahala ash, a mineral made of fine particulars that loses 90% of its natural strength when disturbed. The company operating the zip line is allegedly facing penalties totaling more than $13,000 for the injuries and fatality that could have been prevented with proper testing and maintenance.

As an amusement park injury attorney familiar with zip line accidents and other thrill ride misadventures, I salute the fact that the State of Hawaii performed a careful investigation to determine the cause of this accident. However, a penalty of $13,000 for the injuries and fatality seems de minimus when compared with the grave nature of this situation.

Although many adventure attractions and amusements involve a certain degree of rider risk, it is senseless and tragic when operators and installers of such attractions do not properly test or secure the anchoring systems that should be designed to safely transport rides.

Our hearts and prayers go out to the victims and their families. With over 18 million people in the United States riding commercial zip lines each year, we hope that this incident provides a wakeup call and that the proper parties are held civilly accountable for damages.

8-year-old Devin Caldwell of Chester, PA drowned in a Delaware County, PA apartment complex swimming pool at approximately 3:30 p.m. on Sunday, June 17, 2012. A newspaper story in The Philadelphia Inquirer was headlined “Drowning of 8-Year Old Delco Boy Accidental”. According to news sources, police determined that the boy had been wading in a wading pool in the company of relatives and at some point, they lost track of him after he left the wading area and slipped into the adult pool where he struggled to get to the surface. Police Chief John Eller stated that the lifeguard was aware that the boy had fallen into deep water but “got distracted”, and it was unclear what action the lifeguard took. Our hearts and prayers go out to the parents and family of Devin Caldwell as we reflect upon this extraordinarily sad and tragic situation.

When I learn about events like this, it strikes a chill in my heart and mind and reminds me of when I was a child and fell off an inflatable raft after I floated from the shallow wading area of a pool into the deep area. I remember struggling to get air as I panicked under the water but thankfully an adult on the surface had watched me and brought me to the top. I was resuscitated but have a chilling memory of this incident forever inscribed in my brain.

As an experienced swimming instructor and swimming pool accident attorney in Philadelphia, I am very well aware that a drowning can occur in just mere seconds if diligence is not exercised by those supervising the swimming area.

News sources allege that although the lifeguard was aware that the boy had fallen into the deep water, “he or she got distracted”. There is no mention of any action taken by the lifeguard. A man identified as Jesus Nieves, a resident of the complex, plunged into the water and pulled the young boy out and attempted to perform CPR and revive him. Unfortunately, the attempts were unsuccessful.

While there is no good news regarding this tragic event, hopefully it will remind other adults of the need to constantly monitor children and others in a swimming pool. In the summer months, there are approximately ten deaths a day related to drowning. Most of these are easily preventable by the exercise of due care and diligence. Lifeguards are not supposed to be distracted and must focus on the job they were hired to perform.

I am always fond of noting that chance favors the prepared mind and man, and while I hate to point fingers in any case, it seems as if this accident could have easily been prevented.

Backyard barbecues are a summertime tradition. This means children are coming and going from neighbors’ backyards all summer long. But what happens when a child comes into your backyard, without permission, and gets hurt? Are you now liable for being a good, welcoming neighbor?

In Pennsylvania, the standard of care that is owed by a homeowner to a person on their land depends upon whether the person is a trespasser, invitee, or licensee of the land. A trespasser is someone who was not invited on the land, and should not have been on the land at that time, even if they have been lawfully on the land before. Landowners owe a trespasser a duty only to refrain from willful or wanton misconduct. Evans v. Philadelphia Transp. Co., 418 Pa. 567 (Pa. 1965).

Some trespassers can be deemed to be "foreseeable trespassers," because the landowner knows, or from facts within his knowledge should know, that persons constantly and persistently intrude upon some particular place within their land. Foreseeable trespassers are owed a duty of reasonable care by the landowner. If it can be proven that a landowner knows that anyone, including a child, uses the land without explicit permission, the landowner is liable for bodily harm caused to the foreseeable trespasser, because of the landowner’s failure to warn of the harm, or potential harm.

Homeowners need to take precautions to ensure that neighbors, especially children, do not trespass into backyards and play unsupervised. Landowners with toys or attractions that could be dangerous (swing sets, trampolines, etc.) need to be very clear that neighbors’ children should not use those things without the landowner’s permission or supervision. Landowners should also put up fences and/or signs to ensure that parents and children know the risks they are taking if they choose to enter the property without permission.

If you or a loved one has been injured on the property of another, it pays to contact an experienced personal injury attorney who has decades of experience litigating these types of cases. The skilled Pennsylvania premises liability lawyers of Reiff & Bily have achieved numerous settlements or verdicts for a combined excess of hundreds of millions of dollars since 1979 on behalf of injured plaintiffs. If you or a loved one has been involved in an accident that occurred on the premises of another, please contact one of our aggressive Philadelphia premises liability attorneys for a free, no obligation consultation toll free at (800) 421-9595 or online at www.ReiffandBily.com.

Recently, a 4-year-old suffered a fractured skull when she plunged 14 feet while waiting in line for a ride at an amusement park. The young girl remains in the hospital with head injuries, broken ribs, and a brain bleed, and according to news sources, a health and safety inspector investigating the theme park accident is focusing on a fence panel that divides the line’s queue.
Our hearts and prayers go out to the family of the 4-year-old victim. The family would be well advised to consult an experienced theme park accident attorney to independently investigate the circumstances which lead to her serious injuries.

If you have ever visited a popular amusement park, the mix of fun also involves endless and painful waiting for a relatively short ride of pleasure. When you enter an amusement park, like any other business, the owners and operators of the park have a duty to provide a safe environment for their guests, which includes providing for your safety and security, ensuring all waiting areas are reasonably safe and free from hazards. Amusement and theme parks must take precautions to make sure that surfaces are not uneven, not slippery, properly lit, and that all ramps and stairs have handrails, guardrails, and are not too steep. Employees should be trained in safety maintenance and injury prevention.

Amusement parks and water parks are often the site of slip and falls, negligent security, and attacks and assaults. As an experienced Pennsylvania theme park accident attorney, unfortunately, each year we are consulted by children and their parents who have been injured, drowned, or been attacked or sexually assaulted at an amusement park. Many times, amusement and water park accidents are the result of improper staffing, improper training, inadequate maintenance, or lack of appropriate security safeguards. Amusement park accidents many times involve a combination of premises liability, product liability, and negligent security, and all claims must be independently investigated at the outset to avoid spoliation of evidence and to preserve information that may be extremely important to the successful prosecution of a legal claim. When amusement park owners and operators fail protect your safety, they must be held accountable.

The experienced amusement park attorneys of Reiff & Bily always offer a free, no obligation consultation to victims and their families injured in amusement park or water park accidents.

Thanks to the efforts of committed product liability trial lawyers and increased government regulation, manufacturers and retailers are becoming more tuned in to the existence of defective products which may cause catastrophic injuries and, unfortunately, wrongful death.

Almost daily, a number of recalls are published, and some critics claim that consumers are experiencing “recall fatigue”. Over the past year, there has been a spike in food product recalls. In the last quarter of 2011, there were 176 food product recalls by over 150 companies. Last year, there were over 2,365 defective products recalled from pharmaceutical products to infant toys and chairs.

As an experienced Pennsylvania product liability attorney who has handled cases of death and serious injury for over three decades, I do not believe there is ever such a thing as “recall fatigue” as consumers must always have a right to know if there is a problem or defect regarding a particular product. Thank God, we live in an age of increased technology where it is easy to disseminate a message of a consumer recall for a potentially dangerous product. The federal government is also more involved with recalls of consumer products and operates a website http://recalls.gov as a single unified website. The USDA also offers consumers a twitter feed that will make recalls instantaneous. With the increased use of social media, including, but not limited to, Facebook, consumers and social networkers now increasingly take it upon themselves to provide a constant flood of dangerous product and recall information.

Historically, manufacturers seem to emphasize profitability rather than consumer safety and with increased monitoring by the government, as well as product liability lawyers, manufacturers can be held responsible if they fail to enhance the safety of their products in the field and may be subject to fines or lawsuits and even the ultimate blow to profitability, punitive damages.

Every year in America, unsafe products will cause approximately 30,000 deaths and even more injuries. Even after a recall when the manufacturer discovers the danger of the product, there may be additional legal liability. If a manufacturer intentionally conceals information and does a poor job of providing notice of a dangerous product in Pennsylvania or anywhere else in the United States, they may be subjected to additional damages, including punitive damages.

Each product liability case is unique and requires a careful evaluation to determine what entities may bear legal responsibility for the accident, injury, or death and in the case of a recall, all those in the product distribution chain may be held accountable including but not limited to distributors, wholesalers, and retailers. It is important if you were involved in an accident caused by a defective product or one that has been recalled to contact an experienced product liability lawyer who possesses the expertise to investigate and trace the chain of design, supply, and distribution.

The experienced Pennsylvania product liability lawyers of Reiff & Bily understand that profitability should never trump consumer safety and always offer a free, no obligation consultation to those injured or killed due to the use of a defective or recalled product. Our lawyers have been recognized as The Top 100 Trial Lawyers by National Trial Lawyers and have been consistently selected for inclusion as Super Lawyers® from 2007 through 2012 and have also been named Top Northeast Attorneys, Top Pennsylvania and Philadelphia Attorneys. Contact us toll free at (800) 421-9595 or online at www.reiffandbily.com.

As a young boy who grew up in a row house in Philadelphia, I enjoyed a most pleasant life. I was the first member of my family to go to college and did not live an economically privileged life although our family was happier than most.

I have early childhood memories of school friends and neighbors who were killed in catastrophic car accidents or as a result of dangerous products and never understood the scope or impact of such tragedies until I was older and wiser. The economic and emotional devastation that came upon some of my friends and family was unimaginable. After spending over three decades as a catastrophic personal injury and wrongful death lawyer who has litigated some of the most unimaginably tragic accidents possible, I have recognized that it is only in the courtroom in front of a jury of your peers that all men stand on equal footing when they are represented by quality attorneys. There is one way in this country in which all men are created equal, there is only one institution that makes the pauper the equal of a Rockefeller, the stupid man an equal of Einstein, and the ignorant the equal of a college president, and that is the courtroom.

I have never been afraid to take a strong stand for what I believe in and refuse to allow the greed, selfishness, and insensitivity of corporate interests and the “economic elite” take a front seat over the safety of my clients and consuming public. I never believed in an easy “A” approach to resolving problems.

The Philadelphia trial lawyers of Reiff & Bily are committed to protecting our clients’ interests to the maximum of our abilities and understand how big corporations will distort the facts and truth stressing profitability over the safety and rights of individuals. I further understand how many corporations will contribute millions and more to lobbying groups and politicians to make sure that their business interests are well protected limiting the pathways of innocent and injured people to the courtroom after a catastrophic accident and wrongful death has occurred.

When an unexpected, tragic event occurs injuring or killing a member of your family, you have every right to expect that your economic, emotional, and personal interests will be protected by committed attorneys who have received the highest possible peer review rating and legal abilities, and ethical standards based upon confidential opinions of members of the Bar and judiciary. The selection of a lawyer is an important process and don’t believe everything you read on billboards or see on TV. Do your homework and have as many consultations as possible with attorneys who you feel may be in the best position to represent your legal interests. After all, you generally only get one bite at the apple when it comes to selecting an attorney, which may be one of the most important decisions of your lifetime and you never want to be in the position where you have to say I could have or should have selected someone else.

This past weekend, a young man was reported missing at the Jersey shore. According to news sources, the young boy left his parents and at the time of this writing, a search operation is underway and he has been missing for over 48 hours.

All of us flock to the water when temperatures soar, and as parents, pool owners, and mature individuals with responsibility, we must strongly recognize that statistics indicate that 84% of all drowning deaths among children age 5 or under will occur at a home while 45% of all fatalities among children due to drowning or water-related injuries will occur at a public pool.

In almost 90% of all child drowning cases, there was a parent, caregiver, or adult supervisor who was supposed to be watching or supervising the child. There is nothing in life that quite comes close on the scale of tragedy as the loss of one of our precious children, and last year over 1,000 children age 0 to 19 drowned in situations that were mostly preventable.

As a practicing swimming drowning accident attorney, ex-lifeguard, and responsible pool owner, I know just how easy it is for a young child to get out of your sight for just a few minutes and recognize that a drowning can occur in less than a minute and can also occur in the shallowest of water. I have been part of human rescue chains and have made quite a few water rescues in my life with some very close and heart wrenching moments, and as a parent of three children who is also a pool owner, I am almost over-paranoid when it comes to pool and water safety. You can never be too strict when it comes to managing children near a water environment.

I am advising all of my readers to always watch the water, check the surroundings, be careful using floating toys and never confuse them with life jackets and only swim at guarded beaches. Don’t be distracted by cell phones or captivating conversation as the safety of children must always come first. Check pool security gates, fences, and entryways.

If you or a loved one has sustained a swimming or water-related accident, pick up the phone and call one of our swimming pool and drowning accident lawyers for a free, no obligation consultation.

I recently received an email blast advertising a number of inflatable water slides and other inflatable devices in the $200 to $300 range. While the advertisements quickly pointed out that these devices would “provide hours of fun and exercise” on long summer afternoons at very affordable prices and how easy they were to operate and even stressed that they are recommended for children ages 3 to 12, they failed to notify or warn potential buyers, users, and their children of the hidden dangers of serious injury and death that may be inherent with these products.

Recently, there was a recall of an inflatable slide which took the life of a young mother and catastrophically injured others. The CPSC reported that over 5,000 injuries were reported related to inflatable slides and bounce houses with the number increasing each year as inflatable amusement and slide products become increasingly more available at lower costs. Inflatables are often seen at birthday parties, block parties, festivals, and many pools. Every year, a number of people will be killed and catastrophically injured due to defects and failure to warn of these inflatable amusement attractions and toys.

As an experienced personal injury attorney in Philadelphia, I am all too well aware of the dangers in the use and operation of inflatable attractions including, but not limited to, inflatable slides. Although they are bright, colorful, and bring joy to parents’ and children’s hearts, as a lawyer who has seen the dangers of these products, I am often on the other side of the spectrum after a tragic accident or death has occurred. Each inflatable ride should have specific safety rules and warnings regarding operation and supervision. An inflatable slide and amusement must be properly anchored but worse yet, many of these rides are inexpensively manufactured in China or other countries where there are a lack of quality controls and safety standards. Although scores of injuries and deaths occur, I am certain that many more accidents occur with inflatables that go unreported.

State and federal officials will admit that they don’t know how many inflatable accidents occur every year on inflatable rides or attractions, and although I hate to be a party pooper, I will not allow my children to ever board one of the attractions and I feel confident telling my readers that I would never purchase one or allow friends that I care for to do the same.

The experienced inflatable slide accident attorneys of Reiff & Bily always offer a free, no obligation consultation to victims and their families who have been injured as a result of an inflatable accident or amusement accident. We have over three decades of experience representing those catastrophically injured or wrongfully killed as a result of defective products. We are recognized as the Top 100 Attorneys in Pennsylvania and Philadelphia and are honored to have been named in the Top 100 Trial Lawyers by the National Trial Lawyers.

As summertime gets into full swing, many of us will be invited to pool parties. There is nothing more pleasant than spending a summer day or evening poolside mingling and socializing poolside, often with drinks in hand. Many resorts sponsor moneymaking pool parties.

Many years ago after the birth of my first child, I hosted a pool party at my home and a non-swimmer guest, after having a little too many, fell into the pool and came close to drowning. My eyes were opened, and after handling many swimming pool accidents and drowning cases, I learned that swimming pool parties handled and supervised improperly can be deadly. Birthday parties and social gatherings around the swimming pool require proper supervision. A recent review of swimming pool and drowning accident legal cases indicates that of all cases involving minor children as victims, one third of all drowning occurred at swimming pool parties.

The largest insurance carrier of YMCA’s, which maintains an excellent and aggressive drowning prevention program, collected even more startling data noting that over the past five years, nearly 2/3 of all swimming pool deaths occurred during planned group swimming activity; typically, a pool party. All pool parties should be properly supervised by a lifeguard, as the host of the party owes the highest duty of care to those in attendance. The host of the party has a duty to supervise, educate, and protect invitees. Unfortunately, many hosts, including parents, simply become too distracted and caught up in the party fun to watch the visitors. Most drowning accidents occur in less than one minute.

If you are planning to host a pool party, it is important to contact a water safety agency group or consultant as well as hire guards. Proper planning ensures the safety of guests.

If you or a loved one has been involved in a swimming pool accident, drowning, or water-related accident, it is wise to contact experienced counsel who can properly investigate your claim and protect your interests. The Pennsylvania swimming pool accident attorneys of Reiff & Bily always offer a free, no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.

Flying down a zip line suspended in air is becoming more and more popular throughout the United States and other countries.

I recently took a cruise with my family and on three of the islands we visited, shore excursions or adventures of the day included a zip line adventure. In fact, my ship even had a zip line on board as a thrill attraction. Every year, millions of thrill seekers become zip line enthusiasts and the zip line amusement industry is booming. But at what cost? Statistics indicate that approximately 18 to 20 million people ride commercially operated zip lines annually according to the Association For Challenge Course Technology. Even more riders travel on non-commercial zip lines.

Since the year 2000, the zip line industry has grown exponentially and many states have no specific regulations, and in fact, there are no federal laws specifically dealing with zip lines. Unfortunately due to there being no regulation of zip lines, many accidents occur due to snapped lines or equipment failures.

As an experienced Pennsylvania amusement accident attorney, I am aware of one thing for certain, that questions about amusement and zip line safety are not new. However, relatively little has been done to address these issues. Unfortunately, many zip line ride manufacturers, owners, operators, and insurers may handle the safety of zip lines as they choose. Participants who are unaware of the risks of such a ride have no idea what to expect or how to react in a dangerous situation and can often end up with fractures, spinal injuries, or worse yet, death.

Recently a Georgia woman was severely injured when a zip line snapped on a 24-year-old woman’s second ride, sending the nature loving thrill seeker onto the rocks beneath, leaving her with a life threatening injury. Although the zip line industry professionals insist that accidents are rare and safety is paramount, I beg to differ.

The amusement ride accident lawyers of Reiff & Bily understand that prosecuting a zip line accident case often involves a combination of legal theories including, but not limited to, product liability, negligence, premises liability, criminal liability, and potential inadequate security issues. In most zip line accident cases, defendants will assert that most victims assume the risk and that he or she recognized the dangers inherent in the activity. However, our skilled attorneys and experts understand that a victim cannot assume concealed risks or those risks of which he or she is unaware. Until the federal government and state governments close these safety loopholes and properly address a current patchwork of amusement accident regulations and zip line accident regulations, it is left to amusement park accident attorneys to protect the rights of the people who seek fun and not injury when they sign up for a zip line adventure.

At Reiff & Bily, we have over three decades of experience representing those who are catastrophically injured and family members of those wrongfully killed. We are proud to announce that we have recently been named to the Top 100 Trial Lawyers by National Trial Lawyers Association and Top 100 Attorneys in Pennsylvania and Philadelphia. We always offer a free, no obligation consultation and believe that consumer safety is priority number one rather than the profitability of amusement attraction and zip line operators.

A few weeks ago, I was asked to investigate a case involving the death of a beautiful 21-year-old girl who unfortunately may have been the victim of a perfect storm of unfortunate events with tragic consequences. The young woman had finished a day at work and was going to take care of her mother who had been confined to bed due to an illness when she was suddenly and violently rear-ended by an intoxicated driver. Her car exploded and was engulfed in flames. The vehicle involved was a full sized vehicle that many would assume is the safest on the road offering “tons” of protection. Many would assume that this full sized passenger automobile would provide the safest amount of protection for its drivers.

The vehicle was a front engine rear wheel drive vehicle and immediately behind the rear axle is a “vertical behind the axle” fuel tank with a deep well trunk positioned immediately behind the fuel tank. Most passenger vehicles made over the past 40 years have been designed with a rear “crush” zone to absorb forces of a rear impact collision accident, but this also means that a safety related component such as a fuel tank should not be located in the same rear crush zone behind the rear axle. The vehicle involved in this explosion had its fuel tank unsafely located within the rear crush zone.

While there no doubt exists a case of negligence against the offending driver who was intoxicated well beyond normal limits at the time of the crash, we believe that a product liability action exists as well against the manufacturer of this vehicle who had a long track record of such fiery explosions and possessed knowledge of the damages and defects of such a design. We intend to pursue a product liability action against the manufacturer of the vehicle for the gas tank explosion accident. Of course, we expect the automobile manufacturer will claim that they complied with industry standards in the design of a vehicle by equipping it with a vertical behind the axle fuel tank that met minimum safety guidelines, but the mere fact that a manufacturer adhered to relevant industry standards does not require judgment as a matter of law in a design defect case.

Our Philadelphia defective vehicle crash lawyers expect that the automobile manufacturer will aggressively defend their position and argue that the gas tank and placement of the tank complied with all applicable federal standards and that collision forces may be greater than what was foreseeable from a design standpoint. However, we understand that all automobile manufacturers have a non-delegable duty to design reasonably safe products and that manufacturers have a continued duty to warn consumers of hazards if the manufacturer knew or should have known of a hazard.

This past Sunday, a 15 passenger van carrying 15 farm workers from West Palm Beach to New Jersey rolled over, killing 3 and catastrophically injuring 11 others traveling in the van. The van rollover accident occurred when one of the van’s tires separated, causing the driver to lose control.

For many years, 15-passenger vans have been the vehicle of choice when transporting large groups of people. These vehicles are often used for transporting church groups, school children, and large groups of workers.

Since 1990, there have been over 500 reported fatalities involving single-vehicle, 15 passenger van rollovers. National Highway Traffic Safety Administration (NHTSA) studies have shown that the design of these large vans increases the rate at which the rear tires wear. When a tire blows, as was the case in Sunday’s 15 passenger van rollover crash, it is extremely difficult for the driver of the van to regain control. What tends to happen is the weight of the engine takes over and forces the van into a spin. The spinning causes an unequal distribution of weight, and within seconds, the van rolls over. This was the case Sunday Morning, when the 1997 15-passenger van being driven by 57-year-old Vilbrun Bertrand, rolled several times, ejecting multiple passengers and claiming the lives of 38-year-old Benitoh Delice, 45-year-old Berteau Nazairre, and 34-year-old Sonja Maubrun.

Many times, 15-passenger vans are operated in the South where roads have high surface temperatures and tires blow out or delaminate preceding the rollover accident. Many 15-passenger vans still have recalled tires on them; that is, defective tires that are prone to blow out or tread separation.

As an experienced PA 15 passenger van rollover attorney who has investigated and litigated many rollover claims involving tire defects, I am aware of internal corporate documents possessed by the automobile manufacturers that clearly indicate the dangers of these vehicles. For over three decades, the experienced van rollover lawyers of Reiff & Bily have been successfully investigating and litigating 15 passenger van rollovers. Our hearts and prayers go out to the victims and their families.

As summertime approaches, families need to start finding ways to have affordable family fun. As hot weather comes upon us all, not everyone is lucky enough to have beach access. Swimming pools have become the center of summer fun in Pennsylvania. But swimming pools are more than just summer fun. They are also a place where catastrophic injuries and deaths to young children who are left unsupervised occur.

According to the U.S. Centers for Disease Control and Prevention (CDC), there are more than 3,000 deaths from drowning each year. This includes the 300 children under the age of five that drown in residential and apartment swimming pools every year. Additionally, more than 2,000 children under the age of five are treated in hospital emergency rooms from submersion injuries occurring in swimming pools. Submersion injuries are injuries caused from near-drowning. Near-drowning generally is defined as survival, at least temporarily, after suffocation by submersion in a liquid medium. Traditionally, this type of injury is accompanied by the loss of consciousness.

Children suffering from submersion injuries may have any of the following:

• Confusion, trouble thinking or remembering, or loss of consciousness;


• Abdominal (stomach) enlargement, nausea (upset stomach), or vomiting (throwing up);


• Cold skin that may appear as white to bluish-purple patches;


• Coughing, increased breathing, shortness of breath, or wheezing;


• Weak or absent pulse; or


• Increased or decreased heartbeat or low blood pressure.

Drowning accidents in Philadelphia are best prevented by adult supervision. Most accidents involving drowning or severe injury are statistically proven to occur to children under five years of age who cannot swim, are unsupervised, or fall into a pool or a pool cover with water on top. Accidents involving toddlers between the ages of two and three are most likely to occur when toddlers wander off and away from a parent’s supervision. Installing barriers such as a fence and locked gate is a great way to prevent unsupervised children from entering a pool area.

The Pennsylvania building code states that any body of water more than 24-inches deep is considered a pool and must be fenced on all sides with a structure at least 48-inches high. A removable or locking ladder is required and the ladder must be removed or locked whenever the pool is not in use.

For in-ground pools, all fence gates must be self-closing and latching. A house may be used as the fourth side of the fence, but all doors leading to the pool area must have an audible warning device if no other gate or door is between the house and the pool. A power safety cover may also be used.

Hot tubs and spas do not require fencing as long as they have a cover that complies with the American Society for Testing and Materials F1346 standard. Covers that come from the hot tub manufacturer are in compliance with this standard.

For over three decades, the experienced Philadelphia swimming pool accident attorneys of Reiff & Bily have been committed to fighting for the rights of those who suffered preventable swimming pool and water related injuries. If you, your child, or a loved one has suffered a swimming pool injury or drowning accident, you may be able to file a claim for premises liability or negligence, and receive financial compensation for medical costs, rehabilitation costs, pain and suffering, and lost wages. Our experienced lawyers have investigated numerous swimming pool and drowning accidents. We understand many different complex factors that have resulted in unfortunate accidents, permanent disability, and untimely death related to pool safety and drowning. If you or a loved one has been injured or suffered a swimming pool drowning accident, please contact us for a free, no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.

In the last three weeks, I have been consulted by the families of three individuals who sustained devastating electric shock injuries. These injuries will have life-altering consequences and almost all involve a high degree of negligence and were easily avoidable. A common element to each of the electrical accidents noted a deviation from design plans and non-notification of changes to plans after approvals and inspections had been made by authorities.

In one of our cases, a contractor suffered an electric shock at his job site after the electrical subcontractor attempted to take short cuts and deviated from the approved design plans. Feeds to the meter bank and panel were replaced with cables not in accordance with the National Electrical Codes. Incoming wires were changed from approved copper to aluminum. Electrical service was not grounded as shown on drawing plans and service panels were not bonded with water service, steel of the building, or dwelling unit services. The electrical contractor not only used the wrong fittings and materials not supported by National Electrical Codes, but many junction boxes contained all too many wires and unprotected nail or screw penetrations as required by law.

Additionally, local inspectors approved the project despite deviations from the design and drawings, which raises additional concerns and questions considering the blatant violations of national and local electrical codes. To add insult to injury, despite the fact that the electrical contractor was required to have a letter of credit and a minimal general liability insurance policy, he and his company failed to obtain the same before and after plans were approved. The investigation revealed that the General Electrical contractor obtained a subsequent permit on another job site shortly following the electric shock of my client under a different name within a few days following the original accident. Preliminary investigation indicated a cluster of violations, mismanagement, and improper approvals by the responsible authorities. Unfortunately, the victim had no knowledge of the same prior to his electrocution and put his trust in the very officials and authorities that were supposed to be protecting his safety.

As an experienced Philadelphia electric shock attorney, I question the effectiveness of such rules and regulations when they are not followed or enforced and have no teeth. I find it somewhat outrageous and shocking that the contractor was back in business in the same community with a different alias a few days later.

Just today, I learned of an electrocution at Temple University Hospital which has yet to be fully investigated. Our thoughts and prayers go out to the family of Shawn McCool, 24-years old, of Woodbury, NJ who, according to news sources, died on May 30th at Temple University Hospital when he was electrocuted while changing a light fixture at the Maurice H. Kornberg School of Dentistry. McCool had been working with an employer in a second phase of renovations at the dental school’s clinical space according to a Temple spokesperson. Mr. McCool’s family would be well advised to seek the services of an experienced construction electrocution attorney to commence an immediate investigation.

If you or a loved one has been injured as a result of electric shock or died as a result of electrocution, please contact our office for a free no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.