Philadelphia Injury Attorney Blog

Many people are injured each year while taking down the decorations from their Christmas tree—simply because they failed to check the safety of their ladder, or to find out if it had been recalled.

Recently, a number of ladders and step-stools, sold exclusively at Home Depot, and online at homedepot.com, were recalled. These items, imported by Wing Enterprises of Springville, Utah, were manufactured in China by the Suzhou Zhong Chaung Aluminum Products Company. According to the recall notice, when the ladder is extended, the inner side rails can separate from the outer side rails, posing a fall hazard for the user. Wing Enterprises received nine reports of the ladder becoming unstable, causing users to fall, and sustain injuries ranging from scrapes and contusions to a fractured collarbone.

Common sense dictates that working on a ladder that is defective—owing to poor design or a manufacturing defect—is not safe. It can lead to catastrophic injuries to the brain, back, and spinal cord, or to paralysis or even death.

Before you climb a ladder, inspect it to make sure that the frame is not cracked or warped, and that its feet are in proper condition, and not damaged. Uneven ladder feet, a loose wrung, or corroded components may render the ladder too weak to support you, which can lead to a catastrophic fall.

If, in fact, you or a loved one has fallen from a defective ladder, be sure to carefully preserve the damaged ladder—to avoid spoliation of evidence—and have it promptly inspected by an experienced product liability expert who is thoroughly familiar with defective ladders. Victims of ladder falls and their families can seek financial compensation if it is proven that the ladder was defective, and caused the injury.

This holiday season, be smart—and exercise caution, to ensure that your holiday ends joyfully.

A verdict in excess of $38 million dollars was rendered in favor of a victim who slipped and fell from the balcony of a motel after it was alleged that the railings were too short. The 25-year old victim was taken to a hospital and his blood alcohol content after the fall was more than three times the legal limit to drive. After awaking from a coma, the victim had no memory of how he came to be lying on the ground.

Allegations were made that the victim fell from a second floor hotel balcony railing which was below the legal height limit by 8 inches. A difficult case existed due to the fact there were no witnesses and it was necessary to prove by circumstantial evidence including bio-mechanical evidence that the only way the victim could have suffered the injuries was by virtue of falling over the balcony. Allegations were also made that defendant failed to preserve any surveillance videos of the scene and suppressed evidence.

Of course, the defense strongly contended that the fall was due to the victim’s admitted intoxication and that the victim did not fall from the balcony therefore ruling out the possibility of code violations causing his injury.

There have been a growing number of incidents involving individuals falling from balconies at popular hotels, motels, and holiday resorts particularly over the holidays when people have a tendency to drink more frequently while on vacation.

As an experienced hotel accident and premise liability lawyer who has litigated premise liability and balcony fall cases for the last three decades, I am well aware that many hotel balconies fail to meet building codes and minimal safety guidelines set for balconies. Many hotels built before the 1990’s are grandfathered into older safety requirements and have lower rails posing a danger for guests. Unfortunately the number of individuals falling to their deaths from hotel balconies continues to increase each year in the United States and many hotels are now taking greater steps to make their balconies safer by adding plexiglass enclosures to protect their guests, particularly small children.

International building codes require hotel balcony railings to be at least 42 inches high and each rail or post should be no further than 4 inches apart. The balcony must also be built with materials strong enough to withstand a strong load which means that they should not be flexible or able to be moved if someone pushes against them.

Hotel owners owe their guests the highest duty of care and are responsible for maintaining their property in such a condition that no unsafe condition in their hotel can lead to a slip and fall accident or balcony fall.

Obviously during the holidays when the weather is warm, the balcony is likely to become a gathering spot for friends and guests and most likely many times it goes without saying that people may have had a drink or two.

Many existing decks and balconies are the scenes of accidents waiting to happen. A railing collapse and balcony fall may expose the owners of the premise to liability on the basis of negligence, premise liability law, product liability, and construction law. Individuals have a right to expect that when they step on a porch, deck, or balcony, it is safe to support their weight and that the railing and guard system is safe as well.

Every holiday season, we learn of individuals who sustained a catastrophic injury or wrongful death due to a balcony railing collapse or material failure. Hotels and motels should maintain a regular inspection and maintenance program and owe their business invitee guests the duty to make sure the premise is safe and that balconies and railings are installed and maintained in accordance with appropriate codes to ensure their safety.

The experienced balcony fall and defective balcony lawyers of Reiff and Bily have had a significant experience with a successful track record representing those who were injured as a result of porch collapse, balcony collapse, and railing failures. We always offer a free no obligation consultation and promise that we will never charge a fee unless we make a successful recovery on your behalf.

A Texas jury returned a verdict in favor of the plaintiff after a car was taken to a Wal-Mart store for a 15 point service inspection including oil change, tire inspection, and overall vehicle inspection after which the vehicle hydroplaned as a result of worn tires. According to news sources, investigators found that the pickup truck's bald tires had contributed to the fatal wreck even though they were examined 3 1/2 months earlier during an overall inspection and not found to be a hazard. The jurors found that the retailer was negligent by failing to perform reasonable care when examining the pickup which in turn increased the risk of harm to its occupants.

The fatal hydroplaning accident occurred approximately 3 1/2 months and 4,900 miles after the vehicle inspection. The family and Estate of Justin M. Flores sued the Wal-Mart stores on a negligence theory alleging that Wal-Mart and its employees were negligent in their inspection and improperly determined and advised plaintiffs that the tires on the vehicle were in safe condition and need not be replaced even though they were allegedly in need of replacement due to uneven wear and low tread.

Continue reading " Jury Rules against Wal-Mart after Plaintiffs Allege Inadequate Vehicle and Tire Inspection Procedures " »

Corporate defendants and their lawyers are well schooled on how to present their own “show time” versions of how accidents happen. Immediately after an accident, many corporate defendants, trucking companies, and common carriers such as bus companies will have their drivers or representatives sit down with police or other officials to give their own exculpatory versions of how the accident happened.

Without eye witnesses and careful accident re-constructionists, skilled defense attorneys and corporate representatives may even be able to convincingly portray that their version is the only way the accident could have happened. Many naïve lawyers and jurors may succumb to their convincing dog and pony portrayal of liability.

Continue reading " Importance of Non-Spoliation Letter in Product Liability or Catastrophic Accident Case " »

Earlier this week in the process of picking a jury for a case where our client was permanently and catastrophically injured in a conservative Pennsylvania County, the conservative jury pool was quite vocal about their dislike of trial attorneys and their belief that caps on damages must come sooner than later.

For over 33 years, I have been proud to be a Pennsylvania personal injury lawyer “greedy for justice” seeking just compensation for my clients who have been catastrophically injured or unfortunately wrongfully killed due to the wrongdoing of another.

This time of year, I attend many holiday parties and meetings and unfortunately some of my colleagues or friends having difficult times in this tight economy seem to aim their guns at trial lawyers claiming that a “litigation explosion” has bankrupted their business and harmed them.

Continue reading " Refuting the Common Misconception that Personal Injury Lawyers are Job Killers and Parasites " »

Every year millions of potentially dangerous toys will be sold in the United States and throughout the world. Recently the United States Consumer Product Safety Commission (CPSC) and the U.S. Customs and Border Protection (CBP) Deputy Commissioner announced that millions of dangerous or violative toys and children’s products were seized in 2012 and prevented from reaching the hands of children. While we salute the efforts of these Federal agencies, it is important to understand that close to 10 million units of approximately 2,400 toys present safety hazards as they fail to meet federal safety standards.

When purchasing toys for children, safety should always remain the number one priority and even the most innocent looking toys, such as a stuffed animal, may present itself with some of the most unsuspecting danger in the forms of buttons, eyes, or other elements that may self-detach and cause choking of an infant or toddler.

Continue reading " Pennsylvania Child Safety Lawyer Urges Parents to Be Diligent when Purchasing Toys for Christmas " »

I recently wrote a blog concerning safety and the age of tires and today was pleased to learn that General Motors has decided to add a tire age warning to the 2012 Owner’s Manuals for their U.S. models. It simply states “The rubber and tires age over time. This also applies to a spare tire if the vehicle has one, even if it is never used.” Multiple factors including temperatures, loading conditions, and inflation pressure, and maintenance affect has fast aging takes place.

GM recommends that tires, including the spare, be replaced after six years regardless of tread wear. The tire manufacturer date is the last four digits of the DOT tire identification number (TIN) which is molded into one side of the tire sidewall. The first two digits represent the week (01-52) and the last two digits the year. For example the third week of the year 2010 would have a four digit DOT date of 03-10.

Continue reading " General Motors Warns Consumers about Age of Tires and Safety Concerns " »