Philadelphia Injury Attorney Blog

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" »

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.

As a top amusement park accident lawyer and top hayride accident lawyer for over three-decades, I am always concerned but not surprised to learn when many innocent and unknowing victims are seriously injured as a result of a hayride accident.

Recently 44 members of a church group were injured during a hayride accident in Washington state when a tractor pulling a trailer jack-knifed ejecting passengers onto the roadway. According to news sources, the tractor was heading down the steepest hill on Shaw Island, Washington where the hill’s surface material was compacted gravel with a 5% downgrade. The hay bale trailer was loaded with hay and 50 people when the tractor gained speed. According to news sources, the trailer did not have brakes and was literally pushing the tractor down the hill and the front axle of the trailer failed spilling the passengers on the roadway resulting in broken bones, sprains, and lacerations to many of the victims. The accident remains under investigation and the police are also looking into a heavy load of people and logs that were placed in the trailer for seating, together with maintenance records for the tractor and trailer.

Hayrides are quasi-amusement rides and in my humble opinion as a hayride and defective trailer accident lawyer who has investigated and litigated these claims, many hayrides are simply accidents waiting to happen when proper control mechanisms are not in place. The operators of hayrides owe the highest duty of care to the passengers on the ride. They are often operated in dark and noisy environments frequently visited by children. The Consumer Product Safety Commission has estimated that a number of serious injuries resulting from hayrides and trailer malfunctions has risen dramatically. Unfortunately most hayrides involve the use of a trailer hitch to a tractor or truck pull and NHTSA has admitted that no standard exists for such trailer hitches. Many state laws, including Pennsylvania, are silent as to the design and construction specification for many of the trailers used in hayrides.

Our thoughts and prayers go out to the victims and their families of this accident.

The amusement and hayride accident lawyers of Reiff & Bily always offer a free, no obligation confidential consultation to victims of amusement park accidents and hayride accidents. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

In recent weeks, two catastrophic deaths took the life of two special Americans. One an 11-year old honor student at Morey’s Pier in Wildwood and the second an American war hero, Sgt. James Hackemer, 29, who died on the Ride Of Steel roller coaster at Darien Lake Theme Amusement Park located east of Buffalo, NY. Hackemer had lost both his legs in a roadside bomb explosion while deployed to Iraq in 2008 and had to be assisted on the coaster. Just 11 days after turning eleven, Abiah Jones was on a school trip to a Wildwood, NJ amusement park to celebrate students who attained honorary scholastic achievement. In both cases, the question arises why park employees of the respective amusement parks let these individuals on the rides, and both incidents have sparked a renewed effort to place fixed site theme parks under federal regulatory oversight.

U.S. Rep. Edward Markey (D-MA7) stated that local and state regulators who currently oversee amusement parks may lack budget resources and technical experience to carry out effective safety checks and investigate accidents. Rep. Markey plans to introduce legislation which he has proposed multiple times before the make fixed site amusement parks subject to regulatory authority of the CPSC, a federal consumer protection body, in an attempt to prevent future injuries. Owners of amusement parks as well as industry lobbyists oppose the legislation. Safety should be the number one concern, and as an experienced product liability and amusement park accident attorney who has fought for decades on behalf of catastrophically injured victims and those wrongfully killed due to the negligence of others and/or defectively manufactured and designed products. I believe safety should never be an option, and I believe that Federal oversight would most likely go a long way towards improving amusement park safety and question why the amusement industry is so opposed to it if they claim they are already operating safely and taking all steps to insure that accidents do not occur. I for one believe that the proposed check and balance legislation can only benefit rather than have a detrimental effect.

In the beginning of June, unfortunately, Abiah Jones, age 11, tragically fell to her death at Morey’s Pier in Wildwood, New Jersey. On Friday evening, July 8, 2011 war hero, Sgt. James T. Hackemer, 29, who lost both his legs in Iraq died after falling from a ride on a steel roller coaster at the Darien Lake Theme Park resort.

As an experienced amusement park accident attorney who has been intimately involved investigating and litigating amusement park cases for over three decades, I am extraordinarily concerned that the amusement park industry is one of the most highly unregulated industries, yet we entrust our children to thrill rides confidently assuming that they are safe and have been inspected. Massachusetts Congressman Edward J. Markey notes that he has been trying for years to pass a bill entitled The National Amusement Park Rides Safety Act that would close the number of loopholes regarding oversight of amusement park rides. The Bill calls for restoration of the Consumer Product Safety Commissions ability to oversee fixed site amusement rides, a job that the Commission had until 1981 when an amendment to the Consumer Product Safety Act was passed removing language that gave the Commission responsibility over its rides. The change would also give the CPSC the authority to investigate accidents in amusement parks and then allow the CPSC to share information with operators of the same rides in other states before accidents occur and develop plans to correct problems and reduce risks of harm. The CPSC would also be able to compile comprehensive safety information for consumers.

In a tightened economy, many amusement parks seem to be taking short cuts on safety and putting profitability first. I for one believe that safety should never be an option and yet many amusement park owners and operators who are members of the International Association of Amusement Parks and Attractions have issued several statements in response to Congressman Markey’s bill stating that it is not necessary as the Bill “seeks to address a problem that does not exist”. The International Association of Amusement Parks and Attractions cites the industry’s outstanding safety record, and as an experienced amusement park accident attorney, I am well aware that many accidents that occur at amusement parks are not reported and those accident situations that are resolved are generally resolved in a confidential manner. In my opinion, many amusement parks operate in an atmosphere where politicians and inspectors seem to take protective measures in favor of the amusement parks due to the fact that they contribute so much to local economies.

As I have been intimately involved as an amusement park accident attorney in several amusement park accidents where investigators found no fault, it has been quite mind boggling when our own independent experts perform an independent and non-biased analysis that seems to be completely at odds with those of the park with the amusement park owner and operator. One must ask themselves if these rides are so safe why not make them more transparent and promote the Bill which would insure their safety. My own personal opinion is that in many states, the situation is not so dissimilar to the fox guarding the hen house.

Continue reading "Experienced Amusement Park Accident Attorney Suggests That It Is Time For Lawmakers To Close The Loopholes In View Of Recent Amusement Park Accidents And Deaths - Calls For Transparency In Reporting Requirements" »

Six men were aboard a 16-foot motor boat when it flipped over after an engine failure resulting in a fatality and other injuries. According to news sources, the accident occurred in the Ocean City Inlet which intersects the Atlantic Ocean and like many other inlets is known for having turbulent waters. Reports indicate that the party on the boat was preparing to lift anchor when the line became ensnared in the boats propeller causing the engine to fail. A strong outgoing tide made the vessel to navigate and the vehicle began to sink and ultimately flip over after several large waves splashed across the stern. None of the six occupants were identified as wearing life jackets as they all went overboard. Five of the six occupants were rescued by the United States Coast Guard. However, after 15 minutes, a 52-year old man who remains unidentified, was found floating in the water about 250 yards from shore. The boat sank and has not been recovered and there is no indication that alcohol or drugs played a part in this boating accident and catastrophe.

Our hearts and prayers go out to the families of the victim's and we wish the survivors a speedy recovery.

As an experienced boating accident attorney who has navigated more than his fair share of rough water inlets as a skipper of may different types of boats and water craft, this story calls to attention the fact that when in turbulent waters in a small boat and for that matter, any size boat, one must take all safety precautions and always wear life jackets, as well as make sure all engines and mechanical systems are operating properly and safely. Most boating deaths and drownings are caused by the failure of victims to wear life preservers or due to the operator's failure to operate the vessel in such a way that it insures the safety of the passengers on board.

Continue reading "Failure Of Boat Engine Leads To Death Of 52-Year Old" »

Amusement parks are meant to be a place where families could and should have fun out doors, playing games and riding on roller coasters. Most of the time when we think about amusement parks we think of “KODAK” moments of smiles and laughs with our family. Roller coasters and other rides are typically safe to ride, but that does not mean they are free from disasters. The Pennsylvania catastrophic injury lawyers at the Philadelphia law firm of Reiff & Bily have been researching and handling many amusement park accident injury and death claims since 1979.

Amusement parks are supposed to inspect their rides daily, but accidents can still occur. Sometimes the rides are outdated or in need of repair. Other times it’s a ride that is not inherently safe or becomes unsafe due to worker negligence or improper maintenance. In July of 2008, 4 people were injured in Denmark due to their roller coaster’s car came of the tracks and fell onto the cement ground below the ride. The roller coaster opened only a month prior to the accident. Even the newest of rides might cause a serious injury if improperly designed, installed, or maintained.

Continue reading "Amusement Parks Are Not So Amusing When Rides Cause Injury Or Death" »