Philadelphia Injury Attorney Blog

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.

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.



Continue reading "Why It Pays To Hire An Injury or Accident Lawyer With Decades Of Experience and Who Has Had His Own Injury Claim – No Substitute For Experience and Empathy" »