Posted On: November 29, 2012

When You Put Butter on Your Popcorn at The Movie Theater, Is it Really Butter or Just a Compound of Chemicals that Exposes You to Unnecessary Harm or Danger?

My wife is a health freak and although I am not, I am learning to live by her nutritional guidance as the fear of age and illness becomes more defined. Quite simply, if you look at the labels of many of the food products we ingest, it is nothing more than a conglomeration of chemicals intended to fool us that we are eating something else by virtue of its familiar flavor.

Recently I went to the movies and after purchasing popcorn saw what appeared to be a fountain-like device that allowed customers to administer as much “butter” on their popcorn as they wanted. Interestingly enough, as an experienced product liability attorney who has spent the last three decades fighting on behalf of injured consumers, I knew in fact that this was not butter and thought about the potential health hazards.

Continue reading " When You Put Butter on Your Popcorn at The Movie Theater, Is it Really Butter or Just a Compound of Chemicals that Exposes You to Unnecessary Harm or Danger? " »

Posted On: November 27, 2012

Personal Trainers and Coaches May Be Held Responsible for Monetary Damages if Their Negligence Leads to a Training or Weight Room Injury

Many times, when we go to a gym or participate in a sport led by a coach, we are asked to participate in activities that we may not be totally familiar with and assume that the trainer or coach has our best interest at heart and is a supposed expert in their job. We typically place our trust in them based upon their experience. But sometimes avoidable accidents occur.

Unfortunately, I was the victim of a personal trainer’s negligence and required surgery to correct a defect sustained during multiple weight training exercises as I was encouraged to keep pushing the limits.

As an experienced Pennsylvania personal injury attorney with over three decades of experience, I learned that my situation was not so unique. I recently became aware of a case that settled for a substantial confidential amount after a college coach became distracted during his spotting activities as a player attempted to secure his grip on a multi-hundred pound bar of weights.

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Posted On: November 26, 2012

During the Holiday Season or Any Other Day for that Matter, Make Sure Your Stovetop or Oven Does Not Fail to Turn Off as There Was Just a Significant Product Defect Recall

In my home, I was often yelled at by my wife or kids for failing to turn off the burner on our stovetop. This has happened unfortunately on more than one occasion. What I recently learned is that I wasn’t always as forgetful as I seemed.

Recently, a number of electronic ranges were recalled for fire and burn hazards after discovery that the burners on the top of the range can fail to turn off after being placed in the off position and that the temperature can also increase unexpectedly during use.

The U.S. Consumer Product Safety Commission (CPSC) and LG Electronics have voluntarily recalled approximately 161,000 LG electric ranges for burns and fire hazards that the allegedly defective product poses. The recall announcement of November 8, 2012 indicates that the burners on the electric range can fail to turn off after being placed in the off position.

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Posted On: November 21, 2012

If You Are the Victim in a Pennsylvania Personal Injury Lawsuit and Claiming Injuries, Beware Over the Holiday Season

During the holiday season, most individuals spend time with their family carrying gifts and food items in and out of their house. Many individuals will engage in the annual Thanksgiving football game or play other games with the kids during the Christmas holiday season. Many will dance with their spouses and companions.

Believe it or not, Thanksgiving and the Christmas season is one of the top weekends for personal injury surveillance by defense private investigators. Many victims claim that their physical activities are limited as a result of a slip and fall incident, automobile accident, truck accident, or defective product injury, and in these tight economic times, insurance carriers and their teams of lawyers will go to great lengths to delay, deny, and defend the payment of a claim. Claims adjusters and defense attorneys will try to catch an unknowing plaintiff or victim off guard.

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Posted On: November 20, 2012

Does Your Stove or Range Have Anti-Tip Protection?

Some of the most catastrophic and deadly injuries have occurred as a result of stoves tipping over, crushing and burning young children in its path. Most free standing, slide in, and drop in ranges manufactured since the fall of 1988 included an anti-tip device which is essential to the safe operation of the product.

The anti-tip bracket provides protection when excess force or weight is applied to an open oven door that is typically not used on high low ranges. Many times, accidental deaths and severe burn injuries occur when the brackets are not correctly installed or not installed at all.

Stove manufacturers and the government have been aware of stove tip over accidents for at least five decades. Many times retail installers or custom installers fail to properly affix the anti-tip brackets and according to an industry survey, anti-tip brackets are not being installed close to 90% of the time - simply an accident waiting to happen.

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Posted On: November 19, 2012

Imagine You Are Walking Down an Icy Sidewalk, You Slip, Fall, and Fracture Your Back - In the Instant of a Second, Your Life is Forever Changed

As winter approaches with early storms warning of the fierceness of things to come, it is certain that there will be a significant number of slip and fall accidents on ice and snow which will lead to catastrophic injuries and, unfortunately sometimes, an early death.

For over 35 years, as an experienced Pennsylvania slip and fall attorney, I have represented many victims who slip and fall on icy and snow covered sidewalks. In a premises liability case that we are currently litigating, one of our clients, a middle-aged female, slipped and fell on ice and a patch of snow outside of a retail building. She sustained multiple fractured vertebrae, fracture ankle, fractured leg requiring implantation of stabilizing hardware, screws, and rods.

She is unable to walk as she was prior to the accident and has lost her job resulting in out-of-pocket expenses and multiple hundreds of thousands of dollars which over her lifetime will quickly exceed seven figures. At the time of her accident, she was working earning a substantial income annually and was unable to return to her job due to mobility demands.

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Posted On: November 15, 2012

Many of Us Use Exercise Balls in our Fitness Regimes, But What Happens When They Burst?

At least four to five times a week I exercise on what is supposed to be a “burst resisting” stability ball. I really never gave a second thought to the ball bursting since it was advertised as burst proof. However, in my day and evening job as an experienced Pennsylvania product liability lawyer, I came across a case where an exercise ball burst during a training session causing a 29-year old professional athlete to sustain a fractured right wrist and dislocation of the distal radial ulnar joint.

The injuries were so severe that the victim had to undergo a surgical open reduction internal fixation procedure which included the implantation of a metal plate and hardware. The victim was unable to participate in his usual sporting activities as a member of a professional basketball team and he filed a lawsuit based upon strict liability and negligence and breach of warranty claims against the ball’s manufacturer.

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Posted On: November 14, 2012

Attack in Hotel Parking Lot Results in $1.7 Million Dollar Verdict

In 2008, a gentleman was shot while parking his car at an Embassy Suites Hotel in Florida. The victim was instructed to park his car in a dimly lit area of the parking lot even though it was 50 to 60 feet from the hotel entrance. Although a critical flood light had been installed to illuminate the area where the victim parked his car, it was not working on the night of the shooting despite the fact that the Assistant Hotel General Manager testified at trial contra to evidence that all the lights were working and the parking lot was “perfect”. It is important to note that a similar strong armed robbery had occurred in the same parking lot ten days earlier.

During the trial, evidence was introduced indicating that a security guard on the premises was delivering “bell carts” and responding to “guest requests” 25 minutes prior to the shooting rather than providing security of any kind. Evidence revealed that the security guard spent more time responding to guest requests for bell carts, towels, and bed items than providing security and controlling the exterior of the hotel on the evening of the shooting.

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Posted On: November 13, 2012

Pennsylvania Contaminated Drug Lawyers of Reiff & Bily Continue to Investigate Fungal Meningitis Outbreak Cases Linked to Compounded Steroid Injections

Epidural steroid injections produced by the New England Compounding Center (NECC) may have potentially exposed as many as 14,000 patients to fungal meningitis. Many hospital and healthcare facilities have discontinued the use of this and other compounded steroids which are often used to treat chronic and severe back and joint pain as a non-additive alternative to prescription drugs.

Dozens of individuals have died and become infected as a result of fungal meningitis according to the Centers for Disease Control and Prevention (CDC). There are hundreds of reported infections linked to the steroid. Victims who receive methylprednisolone acetate steroid injections for back pain and peripheral joint pain such as hip, knees, shoulders, or elbows are at increased risk of such infections.

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Posted On: November 9, 2012

Our Premise Liability Lawyers Successfully Argued in a Case that a Video Tape with Audio Recordings was a Violation of Pennsylvania's Wiretapping Law

In one of our slip and fall cases, our client sustained a serious injury, and defense counsel introduced a video made without the consent or awareness of our client. The video of the slip and fall event also surreptitiously recorded on audio personal details of our client’s private life.

In Pennsylvania, it is illegal to record another’s conversation without their awareness or consent. A surreptitious recording of conversation can lead to a felony violation. Pennsylvania’s wiretapping law is a “two party consent” law which means that it is a crime to intercept or record a conversation or telephone call unless all parties to the conversation have consent and have knowledge.

In our case, the victim was engaged in a conversation detailing an extremely private matter and anyone with common sense would know that recording such a conversation was a violation of the law which potentially exposed the defendant to a civil lawsuit for damages. The use of such a video and audio tape by defense counsel could also potentially expose counsel to disciplinary action.

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Posted On: November 7, 2012

The People Have Spoken and the Election Results Reveal that the Interests of Big Corporations and their Money Have Limits

In 2010, the Supreme Court ruling in Citizens United v. Federal Election Commission indicated that corporations could spend unlimited amounts of money to influence elections for or against candidates.

As an experienced trial lawyer since 1979, I have spent my career fighting on behalf of victims against large corporation and insurance company interests. In many jurisdictions throughout the United States, corporations have attempted to stack the judiciary and political offices with individuals more aligned with their interests attempting to throw roadblocks in the way of injured victims. Super PACs contributed to various campaigns throughout the country that were closely aligned with their interests. Most of the big money flowed to conservative Super PACs who raised twice as much money as Democratic leaning Super PACs.

It is reported that $661 million dollars of this election cycle was brought in by Super PACs with $417 million going to conservative advocacy groups.

As a consumer safety attorney who has represented thousands of victims who have been injured by defective products or the wrongs of others, I have been aware for a long time that corporate interests and insurance companies have systematically and deliberately squeezed consumers by attempting to contribute to politicians and judges who would protect their interests.

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Posted On: November 5, 2012

As Many Victims of Hurricane Sandy Turn to Portable Generators for Assistance, Beware of Fires and Carbon Monoxide Poisoning, Particularly from Recalled Generators

On numerous visits to the New Jersey seashore over the last week, post-Hurricane Sandy, you could hear the din and smell the fumes from many portable generators being used by storm victims.

Unfortunately, our law firm is aware of a number of situations where one tragedy is compounded with another tragedy due to carbon monoxide poisoning or fires.

Recently, Champion Power Equipment recalled portable generators sold at Costco from December 2011 to July 2012 due to the fact that fuel leaking from the generator’s carburetor was posing a fire hazard. The recall involves two models of Champion Power Equipment Portable Generators Model 41332 (which has an open frame) and the words “Champion Power Equipment” is noted on the control panel as well as 8,250 starting watts and 6,500 running watts on the side of the fuel tank. Model 41532 also has side panels that cover the long sides of the fuel tank. The words “Champion Power Equipment” are on the side panel by the control panel and “9000 starting watts” and “7,000 running watts” on the control panel.

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Posted On: November 1, 2012

12 Deaths Caused by Hurricane Sandy in Pennsylvania: Dangers Still Present after the Storm

The devastation left in Hurricane Sandy’s path has taken its toll, causing 74 deaths in the U.S. and 5.6 million power outages affecting homes and businesses. With twelve people reported dead in Pennsylvania in connection with the storm as of November 1, 2012, it is one of other areas, particularly New York and New Jersey, which have not come out of it unscathed.

News sources report that some of the causes of death associated with Hurricane Sandy include carbon monoxide poisoning caused by generator fumes in separate incidents; an electrical home fire; hypothermia; tree limbs falling; tree falling on top of a home; and other tragedies.

Individuals across Pennsylvania without power went from 1.2 million to 612,000 as of Wednesday night. Efforts are underway to prevent the power outages from standing in the way of the election next week. With about 450 people reported to be in shelters throughout PA on Tuesday and considering the overwhelming losses, we wish everyone courage and strength as they recover and stay safe with their loved ones.

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