Philadelphia Injury Attorney Blog

On Saturday, February 23rd, a horrific crash occurred during the NASCAR Nationwide Series race at the Daytona International Speedway, when driver Kyle Larson’s 32 race car went airborne, resulting in a 12-car pileup. According to news sources, at least 28 spectators were injured when the car hurtled into the fence, propelling debris through and over the catch-fence that was there to protect the crowd. Fourteen people were sent to area hospitals—two in critical condition. At the time of this writing, the two spectators critically injured spectators remain at the Halifax Health Medical Center.

I was contacted by a reporter the day after the accident. One of the questions he asked was whether or not Daytona International Speedway and its owner, International Speedway Corporation, would be exculpated from liability by the disclaimer found on the back of admission tickets.

The disclaimer states that “the holder of this ticket expressly assumes all risks incident to this event, whether occurring prior to, during, or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all speedways, agents, officers, or directors of Daytona International Speedway, its affiliates and subsidiaries are hereby released from any and all claims arising from the event, including claims of negligence.”

Having been an amusement park accident and recreational torts injury attorney for the last three decades, I am quite familiar with the way promoters operating sports and amusement businesses will attempt to disclaim liability by means of the statement imprinted on their ticket stubs. Such disclaimers are placed on the back of admission tickets to virtually all ski resorts, hockey arenas, football and baseball stadiums, and amusements venues—as well as races.

While many defense attorneys will argue that the fine print on the disclaimers is enough to cover possible claims, each case must be evaluated independently. Invariably, defense argues that attending an extreme sporting event is inherently dangerous, and that spectators can be injured—which is allegedly why they include a written warning on the admission tickets. Often, such cases are confidentially resolved or quashed, and victims are offered a large confidential settlement prior to the filing of a public lawsuit.

From my point of view, as an attorney who has successfully breached such waivers, I would argue that disclaimers only cover normal risks, and that such exculpatory language cannot remove claims of negligence or recklessness, if the owner or operator of the attraction is deemed to have acted inappropriately. In addition, there is often a separate cause of action for product liability, which would not be waived by any such disclaimer. This can come into play if fences or barriers are not properly constructed, or are constructed with improper materials.

In the case of the Daytona crash, this seems to have been the case. The catch-fences, put in place with the express purpose of protecting spectators from flying debris or foreign objects, did not do what they were supposed to do. The same thing happened in a similar crash at the Talladega Super Speedway in Talladega, Alabama, in 2009, when a car hurtled into a catch-fence, injuring 7 people. And, in 2011, IndyCar driver Dan Wheldon was killed when his racecar went airborne and plowed into a catch-fence at Las Vegas Motor Speedway.
The type of catch-fence in use at Daytona International Speedway—25 feet tall, with tightly pulled cable that supposedly leaves little room for flying debris to penetrate—is the same type of fence that surrounds all NASCAR Sprint Cup tracks. NASCAR is said to be planning a review of catch-fence safety.

The amusement park accident and recreational torts injury attorneys of Reiff and Bily have been recognized by their peers as having the highest possible ratings in both legal ability and ethical standards. They are consistently recognized as Pennsylvania Super Lawyers, and are members of the National Trial Lawyers Top 100 Trial Attorneys.

A 20-year-old thrill seeker stepped off a 50 foot high platform at the end of a zip line course when a lowering device quickly lowered him beyond the normal rate of speed, causing him to sustain painful bodily injury. According to news sources, the zip line lowering device was immediately removed and sent to the manufacturer for testing to determine why the rapid descent occurred.

Sources indicate that the equipment used was the same equipment commonly used throughout the zip line industry. The accident occurred at Sky Valley Zip Tours, which indicated that there was no failure on the part of the staff management or the zip line itself. They further added that they are committed to upholding the highest standards and best practices in the industry and also stated that “no tours have been cancelled at this point and the course will remain open.”

As an experienced zip line accident lawyer in PA, I am curious to follow the course of this investigation to learn just what went wrong and why the lowering device lowered the victim faster than normal. Thankfully at this time no permanent injuries were sustained. However, initial medical reports from the scene indicate that the victim was conscious but in serious pain when medics arrived after a 4:45 p.m. post-accident call.

Continue reading "A Zip Line is Only as Safe as its Weakest Link" »

Statistics indicate that an estimated 18 million people a year will use commercial zip lines, but many are not aware that there is currently little or no state and Federal regulations regarding zip lines.

Many times while on a cruise or another “adventure in paradise”, consumers are enticed to ride zip lines over canyons, zoos, rain forest canopies, water, fire, and gorges – the ultimate thrill seeking adventure. Typically a zip line requires the rider to hang from a harness as they travel from a higher elevation point to a lower point using gravity as the power source. It is not uncommon to reach speeds of 50 to 60 mph. There are currently hundreds of zip line rides available in the United States as they have dramatically increased in popularity. I was recently on a cruise ship with my family in the Caribbean and the ship’s activity guide video in our room promoted zip lines at almost every island in which we stopped.

As an experienced zip line accident lawyer, unfortunately I deal with many cases involving catastrophic injury and fatalities resulting from zip line accidents.

We were recently contacted by an individual who was catastrophically injured on a zip line that was newly installed in a major ski resort. The client was required to sign a waiver before strapping on the harness, and the waiver allegedly released the company from any and all liability in the case of severe injury and even death.

Continue reading "With Little or No State and Federal Regulation Regarding Zip Lines, Consumers May Not Always Understand the Risks of Injuries or Death" »

Holding the amusement park industry accountable for the safety of their attractions is no easy task, but a very worthy goal. Trial Magazine has published an article, “Mayhem In The Park,” in its August 2012 edition written by Pennsylvania trial lawyer Jeffrey M. Reiff of the law firm Reiff & Bily and his son, Justin A. Reiff, a law student and litigation paralegal with the firm.

Major theme parks, water parks, and carnivals offer a wide range of thrill rides for the entertainment of young children, teenagers, and adults of all ages. However, there is so much that the public doesn’t know about the potential dangers of rides as nostalgic and seemingly simple as Ferris wheels and roller coasters.

The Spotlight on Inefficient Safety Regulation
The article emphasizes the lack of consistency on a federal and statewide basis for amusement ride safety. For instance, the Consumer Product Safety Commission (CPSC) and the International Association of Amusement Parks and Attractions (IAAPA) report that out of the 50 states, Alabama, Kansas, Mississippi, Montana, North Dakota, South Dakota, and Utah do not regulate amusement parks and Florida excuses several major theme parks from state regulation.

Continue reading "Trial Magazine Publishes Jeffrey and Justin Reiff's Article "Mayhem In The Park" in August 2012 Edition" »

Two amputees have instituted a lawsuit against Universal Studios Amusement Park for allegedly denying them access to ride. According to news sources, Angel Castelan, whose arms were amputated in his youth in an electrical accident, and Marvin Huezo, who lost his legs in a car accident, filed a lawsuit in U.S. District Court in Los Angeles in June claiming that they were kept off an indoor roller coaster ride at Universal Studios Hollywood Amusement Park. The lawsuit alleges violations of the Americans With Disabilities Act.

As an experienced amusement park accident attorney who normally is on the opposite side of the fence of amusement park and theme park owners and operators, my gut reaction is to agree with the decision taken by the owners and operators of the theme park in this case. I have been attacked in the past by many parents and individuals who claim that amusement accident lawyers take the fun out of life. However, I would like to believe that we are honestly performing a valuable service to many parents and children who don’t recognize safety issues and regulation concerns in the amusement park industry.

I often meet with parents of children who are catastrophically injured or who unfortunately suffered a wrongful death on an amusement ride due to improper maintenance, inspection, or implementation of proper safety regulations and guidelines. Just last year, a U.S. Army veteran, who also happened to be an amputee, was killed when he was thrown from a 200 foot tall roller coaster in an upstate New York theme park. The 29-year-old Army veteran was ejected from the Ride of Steel roller coaster at the Darien Lake Theme Park resort.

Unbelievably, I have witnessed several catastrophic amusement park accidents on seemingly simple roller coasters despite the fact that the rides were brand new and inspected several times prior to the incident. Two decades later, after reviewing and litigating a number of amusement park cases, I have become cautious and a stalwart of public and consumer safety when it comes to amusement thrill rides, and in the case at hand, it is my personal opinion that the amusement park operator barring the amputees from the ride should be viewed positively from a safety standpoint.

While I am not fully informed as to all of the facts of this case, at first glance, placing the risk of injury or death on a scale with safety concerns on the other side, it is my opinion that the loss of Mr. Castelan’s forearms would prevent him from safely riding the roller coaster due to the fact that he may not be able to grip the safety bars in a safe and proper fashion.

The amusement park accident lawyers of Reiff & Bily are committed to public and consumer safety and always offer a free, no obligation consultation to those involved in amusement park and theme park accidents.

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.

Every year, Americans take 1.8 billion amusement rides for their own amusement, which is approximately 5.7 rides per person per year. Between 1997 and 2004, injuries on fixed amusement park rides increased 24.81 percent and unthinkable catastrophic injuries and deaths are repeatedly occurring in many American amusement parks, theme parks, water parks, and carnivals due to inefficient regulations.

Unfortunately, the amusement industry is highly unregulated and although many new operating systems require skilled and mature workers, minors can operate attractions in 34 states. Unfortunately, after an amusement park accident occurs, records are often modified and operators or witnesses are intimidated by park owners or operators. Amusement rides require proper staffing or supervision particularly at loading and unloading positions, yet many parks seem to hire seasonal high school and college graduates, and in many cases, foreign exchange students with rudimentary English to work at minimum wages. Many of the young workers operating these rides have little experience or training and often succumb to distractions such as chatting or texting on cell phones and flirting with patrons or co-workers to the detriment of safety checks and warnings.

In July 2010, a young teenager plummeted 100 feet to the ground after the operator admitted that he failed to check his safety net and was not paying attention before releasing the rider. There was no fail-safe prevention to avoid a premature release of the victim. Unfortunately, there is no comprehensive federal regulation to improve amusement safety and the parks claim they can self-police.

As an experienced amusement park accident attorney who has litigated amusement park accident cases and is familiar with the loopholes of amusement park and water park law, I am aware that many amusement parks, water parks, and carnivals seem to be focused on profitability while short changing safety. We understand that safety should never be an option and that a distracted amusement operator is inexcusable.

If you or a loved one has been a victim of an amusement park accident, it is necessary to conduct an independent and biased analysis of the facts. The Philadelphia amusement park accident attorneys of Reiff and Bily understand the landscape and know what must be done to bring wrongdoers to justice. We always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently a young 8-year old girl's scarf became caught in a carousel motor depriving her of oxygen and sending her into a coma while she was riding on a carousel amusement ride at a Paris carnival fairground. This strange but true factual scenario indicates just how dangerous loose clothing, scarves, or belts can be on amusement park rides.

While the amusement park’s management claim that this was the first time they had ever experienced such a serious accident, this tragic event should be noted by carnival and amusement park owners to insure that a repeat of this or a similar amusement park accident does not occur again.

At the experienced amusement park accident law firm of Reiff and Bily, we both believe and understand that chance favors the prepared mind and that all owners and operators of amusement parks have a duty to protect unknowing and innocent customers who come to their park seeking magical memories of excitement. We believe that those supervising and operating amusement park rides should have a safety inspection policy and be on the alert for any loose items of clothing or attachments that may potentially get snared or entrapped in a ride causing a catastrophic injury or wrongful death.

The experienced Pennsylvania amusement park attorneys of Reiff and Bily have investigated and litigated amusement park accident cases with great success and always offer a free, no obligation consultation to victims and their families who have been injured in amusement park and carnival accidents. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

While the Consumer Protection Safety Commission estimates that the number of serious injuries on amusement park rides continue to increase dramatically, there are serious loopholes in the Consumer Product Safety Act of 1981 which prohibits the CPSC from regulating and enforcing the safety of all rides that are fixed to a specific site. Unfortunately, there is no official source which keeps a complete record of amusement park accidents. As an experienced amusement park accident attorney who has investigated and litigated some of the most horrific amusement park accidents that one can imagine, the one thing that I do understand is there is something fundamentally wrong with the checks and balances and safety protocol of the amusement park safety system as it currently exists in America.

Many times local and state regulators who currently oversee amusement parks lack effective budgets, resources, and technical expertise to carry out effective safety checks and investigate accidents. Our experiences reveal that when we conduct independent unbiased examinations and analysis of an amusement accident, the results are greatly at odds with the opinions of local regulators and authorities.

According to news sources, Lego Land in Florida reported six mishaps involving guests that occurred during its first two and a half months of operation but claim none of the instances appeared to have serious injuries. Believe it or not a Florida statute exempts Lego Land in Florida and many other major theme parks in Florida from regulation by the state bureau even though the attractions are required to submit quarterly incident reports. This exemption applies to theme parks of at least 1,000 employees and their own inspection staff. While many of the parks claim that safety is their number one concern and claim they have a duty to report any serious injuries or major incidents, the obvious question is begged as to what is a “serious incident".

I have always believed that one must stand for something or you will fall for anything. It is only when a horrific accident involving a catastrophic injury or wrongful death occurs at an amusement park that the victim or the family of the victim feels the true betrayal of an inefficient regulatory system.

Unfortunately, money, power, and greed of the amusement park industry often leads to unnecessary injuries and worse yet death.

As an experienced amusement park and carnival accident attorney, I believe that leaving the power of amusement park regulation to local and state agencies where the amusement park corporation is a major source of economic income to the community is analogous to the “fox guarding the hen house".

Amusement park safety is priority number one for the amusement park accident lawyers of Reiff and Bily. We believe that everyone deserves a safe amusement park governed by a uniform board of federal and national laws, and that cutting corners and not placing safety first is never an acceptable option.

For over three decades, I have been practicing catastrophic injury and wrongful death law and all too often a catastrophic injury or wrongful death is caused by a clear violation of laws that have minimal if any enforcement guidelines and “teeth".
Recently the Concordia cruise ship disaster illustrated just how many deaths and catastrophic injuries could be caused in an industry guided by rules that were spottily enforced. Every time an accident happens whether it involves a cruise ship, bus accident, trucking accident, amusement park accident, or product liability claim, authorities and experts are quick to state that the event is a wake-up call that highlights longstanding safety concerns.

In Philadelphia, we continue to have an escalating hit and run car accident crisis due to the fact that there are several well-known loopholes in the laws and yet legislators refuse to take steps to change and enforce codes which should in reality punish violators.

The law firm of Reiff and Bily has handled many amusement park accident cases, and yet the enforcement of these safety regulations is spotty despite the volume of rules and amount of unreported amusement park and water park accidents. Many industries escape regulatory scrutiny and it comes as no shock that catastrophic accidents occur when safety protocols are not followed and enforced. Rules and regulations without enforcement are meaningless and if the rules and regulations provide a mechanism for enforcement, individuals or corporations in positions of power often think (as demonstrated by their action or non-action) that they are above these rules and think that they can escape liability by the use of a creative lawyer or legal system which fails to enforce said rules and regulations. If our system chooses to ignore rules and regulations, it fosters a system where it is easier for individuals and corporations to become and remain corrupt then to remain honest.

I have always believed that laws not enforced cease to be laws, and rights not defended may wither away. I believe that the courtroom with proper legal representation makes equals of all men and that an injured victim must ensure that laws are followed and enforced. While catastrophic injury and personal injury lawyers will continue to be bashed by corporations and insurance companies who continue to delay, deny, and defend rightful claims, I for one understand that enforcement of laws and prosecution of wrongdoers are necessary to protect the public and promote order which is the first requisite of liberty and justice.

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

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

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

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

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

The law firm of Reiff & Bily has joined forces with the Beasley Firm and together the Beasley Reiff Law Group now offers for free “My Lawyer - Travels With Me" iPhone and Android application to help Pennsylvania residents who are involved in a catastrophic accident.

The law firm of Reiff & Bily and the Beasley Firm are two nationally recognized law firms dedicated to serving those who have been catastrophically injured or wrongful death due to defective products, medical malpractice, premise liability, and amusement park or water park accidents. Together our lawyers have been awarded over $2 billion dollars in verdicts and settlements since the mid-1950's.

Our new “My Lawyer - Travels With Me" application will provide all of the tools to those injured in an accident to take timely and lawful action in order to protect their legal interests and financial future.

What started out as an evening event with laughter, smiles, cider, and ginger snaps for a large family group ended up as a frightful hayride adventure resulting in broken bones, bruises, neck and back injuries when the seats and trailer being pulled by the truck broke apart. One of the young ladies was pinned underneath the side of the trailer that fell. According to one of the parties, the trailer had a shaky feel to it and as it gained speed going down the hill seemed to disintegrate.

Haunted hayrides seem innocuous and innocent to those of us who welcome Fall and look forward “Kodak" moments with the kids. Unfortunately, dangers that lurk about hayrides are not limited to those dressed in costumes attempting to scare the daylights out of you. The real dangers lie in defectively manufactured, designed and maintained trailers, that are covered with hay and blankets, and often overloaded when they carry the hay riders. Many times hayrides are operated by profit driven individuals or businesses who fail to understand that safety of the rider is paramount to profitability. Hayride operators owe a duty to their riders to properly maintain and inspect the trailer, seats, and railings, as well as provide proper and safe control and supervision of the riders. Many times the truck is being operated by someone with a curious or questionable background and if they take a sharp turn or make a sudden stop or travel too quickly down a hill, there may be an accident waiting to happen. According to news reports, this past weekend many hayride accidents occurred throughout the United States due to failure to have proper safety restraints or restrictions and governance.

Our hearts, thoughts, and prayers go out to those injured in hayride accidents. While I don’t wish to take the fun out of life, I just want you to make sure that before you go on a hayride, do a little bit of due diligence and recognize that accidents do happen. Make sure the facility has an excellent record of success and safety and don’t be afraid to ask questions.

The experienced hayride and amusement accident and premise liability lawyers of Reiff & Bily have evaluated thousands of cases involving catastrophic injuries, broken arms, and unfortunately wrongful deaths, and has recovered hundreds of millions of dollars for victims and their families. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As a Philadelphia car accident and catastrophic injury lawyer who has been representing catastrophically injured victims, and their families, for more then three decades, I worry that internet and television marketing by many lawyers has led to a high number of victims and their families receiving what many would consider to be improper and inadequate legal representation. Many lawyers just look for an “Easy A". Too many times attorneys hoping to earn a quick and easy referral fee will spend tens of thousands of dollars even hundreds of thousands of dollars a month designing websites or TV advertising that inaccurately portrays their abilities. It is the goal of these attorneys to make perspective clients believe they are hiring experienced attorneys, who have recovered multi-million dollar verdicts, and are amongst the top car accident lawyers, truck accident lawyers, S.U.V. van rollover lawyers, medical malpractice lawyers, and Products liability lawyers in the field.

Lately I have received an alarming number of phone calls from seriously injured car and truck accident victims who were mislead by what I call a “parasite lawyer". A “parasite lawyer" is a lawyer who oftentimes lacks experience but attempts to conceal this by purchasing “black hat" internet links and creating embellished website content to make prospective clients believe they are hiring an experienced lawyer or law firm to represent their legal interests when in reality they are hiring a lawyer who simply thereafter refers their case to another attorney for a fee. I call this the “Easy A" system whereby an inexperienced attorney, or an attorney who has no interest in representing you or your loved ones, tacks a fee onto your recovery for doing nothing more then referring your case to another attorney. Frequently many of these marketing attorneys operate their websites from out of state and have creative advertising joint and cooperative ventures with other lawyers and law firms creating the illusion that they are something more then they really are. Always pay attention to the disclaimers and small print at the bottom or end of the advertisement as it quickly passes you by.

If you or a loved one has been injured in a car accident, truck accident, tractor trailer accident, bus accident, boat accident, S.U.V roll over accident, 15 passenger van rollover accident, amusement park accidents, premise liability accident, slip and fall accident, burned in a fire, bitten or attacked by a dog, the victim of inadequate security, falsely imprisoned, sexually assaulted, injured on a cruise ship, injured on a plane, in a construction accident or injured as a result of a defective product or medical malpractice you may be eligible to recover for your injuries.

As an experienced and highly rated Pennsylvania Super Lawyer with decades of experience, whose law firm has handled and collected hundreds of millions of dollars in recoveries for catastrophically injured victims, and their families, as well as those who have sustained wrongful deaths, I strongly advise that you personally interview the attorney who will be handling your legal case. Do not be afraid to ask for references. Make sure that he or she is regularly available to meet and speak with you about your case as it develops. Make sure your case is not being handed over to a paralegal or newly graduated lawyer who might lack the required experience. Inquire whether or not the lawyer has ever had any disciplinary issues or is even licensed to practice law in your state. Inquire about independent and non biased reviews of your lawyer from third party ranking or rating organization. Check the attorney's ranking on Avvo or the Martindale-Hubble record of standing. Never be afraid to get a second opinion from another lawyer if you don't like what you are hearing or don't feel comfortable as the case develops.

After all you only get one bite at the apple, and the selection of your lawyer may be one of the most important lifetime decisions that you will ever make.
Chance will always favor the prepared mind.

I have been researching, investigating, and litigating amusement park accidents, water park accidents, and hayride accidents for over three decades. I have been attacked by many individuals stating that I am nothing but a greedy lawyer taking the fun out of life. Many individuals today who are riding on safer amusement rides or using safer products quickly point the finger at lawyers and without the fight of dedicated lawyers for consumer safety and protection many products manufacturers, or amusement park operators and amusement manufacturers would still be placing profitability ahead of safety concerns.

When I meet with parents of children who were catastrophically injured or died on an amusement ride or hayride and the owner/operator points the finger at an innocent child when in fact the amusement or attraction was improperly maintained, improperly inspected, or was operated by an individual with a questionable background who was improperly trained, I am astonished to see a public relations campaign attacking lawyers who only get paid if they are able to prove fault or negligence and win a case. I am astonished and surprised to read negative posts on blogs by people who don’t have a clue as to what really happened and who most probably would also seek legal representation and an independent investigation if they or their child was catastrophically injured or killed.

Our experienced amusement park and theme park accident attorneys always work only on a contingent fee basis and only charge a fee if we win the case. Many amusement parks claim that they regulate themselves and have proper motivation to insure safety and many state agencies that regulate amusement parks don’t have the budgets or technical expertise necessary to properly do their jobs. In fact, many theme parks and amusement park operators claim that state and local legislators lack budget resources and technical experience to carry out proper safety checks and investigate accidents and claim that they can do it better. I believe that if an amusement park or water park is operating safely and taking all steps to insure that amusement ride accidents do not occur, they should not be so afraid of a lawyer double checking the system. After all, a contingent fee amusement park and theme park accident lawyer will not take the case or get paid if, in fact, it can be determined that the owners and operators did nothing wrong. For those who complain that lawyers are taking the fun out of life and always blame the victims. Think about how you would feel if you were catastrophically injured or your child was killed at a theme park or amusement park that was said to be safe and carefully hid defects and problems from the public.

Checks and balances are a good thing.

According to news sources, state officials in Florida agreed to spare Lego Land Theme Park from safety oversight due to the fact that it qualifies for a 22-year exemption that was initially written into Florida law for Walt Disney World and other theme parks. Accordingly, this will make Lego Land the fourth park owner in Florida to operate free of state ride safety regulation. The others are noted to be Walt Disney Company, NBC Universal, Sea World, and Busch Gardens, Tampa Bay. A Lego Land spokesman noted that “Within our industry, it is common practice for theme parks to govern themselves as far as ride inspections go."

Under Florida law, if a theme park has a minimum of a thousand employees, they are exempt from the state inspection and permit requirements. Florida law requires exempt parks to employ full time in-house safety inspectors and to file affidavits with the state certifying that each of the rides has been inspected.

As an experienced amusement park and theme park accident attorney who has investigated and prosecuted a good number of amusement park accidents involving catastrophic injuries and death, I question the validity or integrity of the amusement park industry claims that they have proper motivation to take safety precautions due to the fact that negative publicity creates a public backlash which affects their profitability and stress that the state should focus on traveling fairs or carnivals rather than larger theme parks that are more sophisticated. Director of Maintenance of Lego Land stated that the parks in-house inspections will go well beyond what would otherwise be conducted by the state and he is quoted as saying, “I think we have more expertise. We surpass what the state is asking as far as inspections." Lego Land also claims that it will contract with a third party recreational engineering company that will conduct certain types of tests and submit required documentation to the state.



Continue reading "When Roller Coasters and Other Rides Open At A Theme Park Next Month, They Won’t Have To Undergo Any State Safety Inspections - Amusement Park Attorney Weighs In" »

It’s the fall season and many churches, schools, and farms will be sponsoring hayrides. The normal hayride environment and atmosphere should lead to thoughts of smiles, laughter, cider and warm childhood memories for parents and children. Unfortunately, as an experienced defective trailer lawyer and hayride accident lawyer, what many individuals do not recognize is that there is a lack of safety standards and regulations for trailers of all kinds including hayrides which slip through many government safety and regulatory loopholes mostly because these events are sponsored on private property. In many cases there is no safety regulation at all!

Just last weekend six people were injured in a hayride accident when horses pulling a hayride were spooked and took off in different directions. One of the individuals, a 51-year old woman, sustained critical injuries and was helivaced to a hospital in Boston. Drivers of the wagon lost control of the hay wagon and horses broke free causing many passengers to fall off. In a separate hayride accident on the same weekend at a Michigan farm market, a woman fell off the hay wagon and was run over by it or was trampled while leading the wagon.

Every year our experienced Pennsylvania defective trailer lawyers and hayride accident lawyers learn of catastrophic accidents involving the death of innocent children and their parents because many people frankly do not understand the risks that accompany hayrides. Most hayrides are makeshift and although the operators claim that an accident was a freak occurrence, this is often not the case.

As an experienced Pennsylvania amusement park accident and hayride accident lawyer, I believe that many hayrides are accidents waiting to happen when proper control mechanisms are not in place, and when accidents do occur, the injuries are normally quite significant because of the number of people involved and the size and weight of the equipment. Many times these accidents are the result of inadequate supervision, improper training of ride operators, defective trailer design, inadequate site and safety crowd control.

If you or a loved one has been involved in a hayride accident, you should always speak to an experienced and accomplished hayride and amusement accident attorney. The accomplished hayride and amusement park accident lawyers of Reiff & Bily have successfully represented thousands of personal injury clients for catastrophic injuries since 1979 and have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded over $2 billion dollars since 1957 representing the interests of those catastrophically injured or wrongfully killed. As always, we offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

All personal injury cases involve unexpected encounters with others which goes the wrong way whether it be a car accident, slip and fall accident, or a product liability claim. As a personal injury accident lawyer who has represented thousands of clients for more then three decades I understand what it is to walk in the client’s shoes.

Many clients have come to my law firm after a frustrating experience with another lawyer who did not communicate in a timely or responsible manner with the client or victim’s family members after they had already been burdened by the financial and emotional pressures of a tragic accident. After the initial meeting, the smiling lawyer dropped off of the “communications map". When a personal injury lawyer is retained to represent a victim and their family after a catastrophic injury or wrongful death has occurred, it is perhaps one of the most important relationships that will ever be formed between individuals who may not have ever known each other before. It is important that the lawyer and the client communicate and make all major decisions together and have open conversations in a civil professional and cordial fashion. Litigation breeds anxiety in clients. It is important that the attorney communicate realistic ideas about the value of the client’s case and their prospects of success clearly and candidly.

The experienced catastrophic injury and wrongful death lawyers of Reiff & Bily have been litigating legal claims on behalf of injured clients involving medical malpractice, amusement park liability, defective products, and premise liability since 1979 and we always try to carefully explain the elements and issues of each case to all potential clients as well as explaining our burden of proof. As each case is unique, it is impossible to determine the value of a case in the initial stages, and past results do not necessarily guarantee similar results in a similar case. When something bad happens to a client, it is human nature to want to hear good news. However, one must be honest and candid with the client for the client to understand that our civil justice system is based upon concepts of fairness and reasonable restitution. Many clients mistakenly think that because they were in an accident, they are guaranteed a retirement check. This is not always the case.

When you go to a fine and experienced lawyer, it is analogous to going to a tailor to have a suit custom made. Every situation will be different and the experienced lawyer like the experienced tailor knows how to fit the unique facts of the situation in a custom and individual fashion in order to maximize the result. Years of experience not only benefits the client but also serves as an advantage when dealing or negotiating with insurance companies and defense attorneys who understand the character traits and integrity standards maintained by a particular lawyer or law firm.



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In mid-August 2011, a portion of the mast of Sea Dragon amusement ride at Morey’s Pier in Wildwood, New Jersey fell onto riders in yet another amusement park accident. Although the mast performed no mechanical or structural function, and was utilized solely as decoration, a danger was obviously presented to thrill seeking riders of the amusement attraction. According to the preliminary report issued by the New Jersey Department of Community Affairs Division and Carnival Amusement Ride Safety, the mast falling was caused by the failure of parent steel that connected the lower and top portions of the mast. The mast is constructed of two pieces of piping/tubing. The top of the mast was constructed with thin wall tubing while the lower portion was constructed of the heavier wall material, the report states that pieces were welded together about halfway up the height of the mast. The top half of the mast, the piece that fell, was sitting on top of the lower half and was welded with a filet weld to the plate. There was significant corrosion on the interior of both the thin walled section of the mast, as well as the plate that was used as a means to connect the lower and upper portion of the mast, the State concluded. “When the material above the weld failed, there was no secondary support to keep the mast from separating and fell". The broken mast fell upon riders injuring 5 and the State has now only allowed similar rides to operate if the mast is removed.

As an experienced amusement park accident attorney who has handled a number of claims at seashore amusement park and resorts and an experienced sailor who has spent a great deal of time in salt water and ocean environments, I have always expressed concern for metallurgical failure and corrosion in salt air when the natural seaside environment elements comes into contact with metal.

I am concerned that many seashore amusement parks fail to properly inspect and train employees often placing profitability ahead of safety. Our experienced amusement park accident attorneys have investigated and successfully handled a number of claims in amusement and product failure, metallurgical failures due to corrosion, defective product design, and/or inadequate training and maintenance procedures. Safety should always be priority number one when it comes to thrill seekers who come to amusement parks.

The experienced amusement accident lawyers of Reiff & Bily have received top accolades for over three decades of representing catastrophically injured victims and their families who have been wrongful killed as a result of the negligence of others or defective product design or maintenance.

Recently we have joined forces with the legendary Beasley Firm and together our attorneys have been awarded over $2 billion dollars since the mid-1950's. 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.

According to news sources, Morey’s Pier in Wildwood, NJ was the scene of yet another terrible amusement park ride accident. At just after 9 p.m. on Friday, August 19, 2011, emergency response staff responded to a report of a partial amusement ride collapse when the center mast of the sea dragon snapped, injuring five people at Morey’s Mariner’s Landing Pier. This is the second time in two months that young innocent and unsuspecting victims have been injured at a Morey’s Amusement park attraction in Wildwood. Recently 11 year old Abiah Jones tragically fell to her death while riding the Ferris wheel on June 3rd 2011. As one of the attorneys intimately involved in the investigation and litigation of the Abiah Jones death case tragedy, our hearts, thoughts, and prayers go out to the victims, and their families. Once again questions are raised as to the inspection, maintenance and operation procedures maintained by Morey’s. Safety must always be the utmost priority for all amusement park operators. We have repeatedly called for Federal oversight and reporting of amusement park accidents and safety concerns.

The experienced amusement park accident lawyers of Reiff & Bily in conjunction with the. Legendary Philadelphia trial lawyers of the Beasley Firm have joined forces to form the Beasley Reiff Law Group and are currently representing multiple victims of amusement park accidents. We strongly recommend that the victim’s and their family members do not talk to any insurance adjusters or attorneys for Morey’s Pier until they have consulted their own experienced and independent catastrophic injury, wrongful death, or amusement accident lawyer who will independently investigate the incident with experienced safety and Amusement operations experts.