Philadelphia Injury Attorney Blog

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" »

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.

Spatial disorientation is a state of confusion that exists when a human is unable to correctly interpret their true body position, motion, or altitude relative to his or her surroundings. Spatial disorientation is a major cause of aircraft accidents, amusement accidents, and extreme sports accidents.

The body in normal mode combines factors from all of our senses to maintain balance and know which end is up. However when the human body is in motion, without usual reference to the world around it, it can lose control as one becomes spatially disorientated. This mistaken perception of one’s position and motion relative to the fixed earth can cause panic attacks and anxiety with potential lethal consequences.

In the investigation of one of my current amusement park accident cases, I traveled with an investigating expert to the top of a 150 foot Ferris wheel when winds were strong. The partially unprotected Ferris wheel bucket that I was sitting in was shaking and seemed unsteady, and when gusting winds were added to the equation, a sense of anxiety and panic took over as I became spatially disoriented. I have flown small airplanes as a pilot and passenger, climbed rope courses in the Swiss Alps, and skied from great heights, yet to explain the panic and anxiety that I experienced is almost indescribable. The same feeling and experience was noted by three other individuals who participated in this experience.

While it is well known that pilots deprived of visual references while flying can quickly lose control of an aircraft and succumb to one of general aviation’s killers, I could not imagine that I would be so spatially disoriented or confused while riding an amusement as simple and as seemingly safe as a Ferris wheel. When I explained the situation to a psychologist friend of mine and further explained that there were no restraints or belts in this Ferris wheel “bucket”, it became easy to understand how an innocent victim (particularly a young child) could become disoriented, lose proper bearings, and become mentally confused, placing them in a dangerous situation with potentially hazardous or lethal consequences.

When one suffers from spatial disorientation, there is a steady decrease of cognitive function and a decline in performance of attention and concentration and decreased motor skills.

Many amusement rides are designed to explore the effects of spatial and temporal disorientation under extreme conditions with the appropriate safeguards and warnings in place. However, amusement rides lacking proper safety controls, safeguards, and sufficient warning can create an extraordinarily dangerous and potentially lethal situation.

One only needs to imagine the fear of being alone at an unimaginable height in an unrestrained or improperly restrained amusement ride when spatial disorientation and/or a panic or anxiety attack occurs.

According to a report published in The Press of Atlantic City on Thursday, April 19, 2012, Morey’s Pier will hire a “small city” of 1,500 seasonal workers to serve lemonade, run games, and guard water parks. According to the news story, this year Morey’s will employ about 700 foreign students on J1 Visas down from a peak of 1,000 in 2008. At Mariner’s Landing in Wildwood recently, 5 teenagers applied to be lifeguards at Morey’s Pier water parks, which pay a minimum wage of $7.25 an hour plus a bonus for working until after Labor Day.

The operation of amusement facilities and water parks is a serious business with serious responsibility and the owners and operators of the same have an obligation to protect the patrons of the park with the proper control and maintenance of a ride and proper installation of safety equipment. Just as important is the ability to control other patrons visiting the park in order to avoid amusement and water park accidents. Many of the Jersey seashore parks provide an escape for families and their young children and the owner and operators of the rides have a higher duty of care to protect innocent and unknowing children who may not be aware of a ride’s potential dangers due to their limited knowledge and experience.

As an experienced amusement park attorney, I understand that the most important thing for an amusement employer to consider in the hiring quotient is that the person is responsible with a clean history involving drugs, alcohol, or potential criminal disciplinary issues. Hiring a person with strong social skills is not enough.

As an experienced PA amusement park accident attorney, I am always aware of the harms that can occur at an amusement park. As rides are getting bigger and faster, the chances of sustaining an injury while on an amusement park ride are dramatically increasing.

Recently, tragedy struck the Houston Livestock Show and Rodeo when a three-year-old was thrown from her seat on the “Techno Jump ride”. While the girl met the height and weight requirements, she still slipped from the moving chair and fell to the ride’s platform. The lap bar and restraining belt were unable to stop her from falling.

This is not the first accident to occur at the Houston Rodeo. Last year, a man was killed when he fell out of a roller coaster. While safety teams inspected the roller coaster and found no malfunctions, something obviously went wrong. Another passenger who had ridden on the same roller coaster earlier that day claimed that her safety latch had come undone while she was on the ride. As an advocate for safety, especially for trusting consumers, I believe it’s time that the Federal Government reconsider regulating both fixed site amusements and traveling carnivals.

In one of the last reports released by the U.S. Consumer Product Safety Commission (CPSC), statistics revealed that there were on average 3,400 accidents at amusement parks each year. Other sources indicate that the real number of injuries and deaths is much higher.

If you or a loved one is injured, or becomes injured in an amusement accident in Philadelphia, it is important to never sign anything without first consulting a lawyer. Oftentimes, the owners of amusement parks and traveling carnivals will deny liability for injuries sustained on their rides. If you have been injured in an amusement park or rodeo accident, you may have claims for pain and suffering, emotional harm, physical damages, lost wages, and future lost wages. The accomplished Philadelphia amusement park attorneys at Reiff and Bily have successfully assisted amusement park accident victims and their families since 1979. If you have been injured at an amusement park, contact Reiff and Bily immediately at (800) 421-9595.

As an experienced amusement park accident attorney in PA, there seems to be a common factor in many of the amusement park accident cases after the fact. Namely, that maintenance and inspection reports are often altered or falsified.

Recently, news sources revealed days after a crash of a miniature train at a South Carolina amusement park that a state inspector falsified the train’s inspection report leaving the ride untested before it crashed in its first hour of operation of the season.

In order to make safety rather than profitability paramount at amusement and water park environments, there must be direct accountability for individual inspections with checks and balances.

I recently met with an amusement safety expert on an amusement park accident case that we are currently working on who informed me that despite in excess of 1,000 amusement accidents or incidents that he has been called to investigate, almost none of them were inspected according to the protocol on the date of the accident.

In order to ensure amusement park safety, all amusement park owners must have a comprehensive training program for operators and drivers of rides with verified documentation that all training has been completed with all mechanical inspections actually completed. Many times rides are manipulated and speed governors removed, which creates an unsafe condition particularly if left uninspected by qualified personnel.

The experienced amusement park and water park accident lawyers of Reiff and Bily understand that unfortunately many times amusement park operators and owners take short cuts in the name of maximizing profitability, and if you or a loved one has been injured in an amusement or water park accident, it is best to seek the services of an experienced amusement park accident attorney who will work with a team of experienced amusement accident investigators to preserve evidence and conduct an independent accident evaluation and analysis. For more information, contact us 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.

Recently traumatic brain injury has been in the news as it applies to athletes, most notably football players, as well as more concentrated focus on efforts by the United States government as indicated in a press release from the White House on January 11, 2012. In the White House press release, First Lady Michele Obama announced a major coordinated effort by America’s academic institutions to address and combat PTSD and traumatic brain injury. The White House announced a commitment to an initiative of the Association of American Medical Colleges and the American Association of Colleges of Osteopathic Medicine to leverage missions in education, research, and clinical care to meet unique health care needs in military and veterans communities which involves PTSD (post-traumatic stress disorder) and TBI (traumatic brain injury).

Diagnosis and treatment of PTSD and traumatic brain injury has long been swept under the carpet and the understandings that arrive from research were not widely distributed. Researchers are now working and developing new major imaging that allows visualization of brain wiring in high definition which could lead to new breakthroughs in the diagnosis of TBI. Many unknowing victims have been diagnosed with TBI, and in the case of professional athletes, many players stated that they would try to hide brain injuries rather than leave the game. Many sports fans and team owners claim if brain injuries are part of the game then at some point there would be no game. Tragic circumstances surrounding the incident in which U.S. Representative Gabrielle Giffords was shot in the head have also significantly increased awareness of traumatic brain injury.

Millions of Americans live with a traumatic brain injury and it is estimated that millions of cases of TBI occur and go unreported each year. Although most of the TBI’s are considered mild, they do have a tremendous cumulative effect on the lives of the victims.

If you have been involved in a serious accident and sustained a blow to your head by virtue of a bus crash, auto accident, motorcycle accident, sporting accident, slip and fall accident, amusement park accident, and notice dizziness, loss of focus, ringing in the ears, imbalance, or sensory deprivation, you should present to an emergency room immediately and contact an experienced TBI professional.

The Philadelphia traumatic brain injury and post-traumatic stress disorder lawyers of Reiff and Bily salute increased government attention focused on TBI and PTSD and understand how the complexities of the issues faced by victims of accidents that suffer from TBI and PTSD. We have over 30 years of experience representing victims who have suffered traumatic brain injury and understand the assistance that is necessary to put TBI victims on the same footing they were prior to the incident that caused this unfortunate diagnosis. We always offer a free, no obligation consultation 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.

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.