Philadelphia Injury Attorney Blog

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" »

As an experienced Pennsylvania swimming pool, drowning, and water accident attorney who also has investigated many amusement and water park catastrophic injury and wrongful death cases over the last three decades, I am always sad to learn of news concerning the death of a young child.

On Wednesday, July 6, 2011, a six year old boy was killed after jumping into a swimming pool at Knoebels Crystal Pool located in Elysburg, North Cumberland County, Pennsylvania. According to news reports, life guards found the boy under water and pulled him from the pool and performed CPR. He was then transported to Geisinger Medical Center where he later died. The cause of death is not known and is under investigation. Our hearts and prayers go out to the family of the 6-year old. According to news sources, the boy was said to be in the shallow end of the pool, jumping in and out of the water.

It appears that the summer of 2011 is unfortunately proving to be one quantified by catastrophic injuries and wrongful deaths at local amusement parks, swimming pools, and water parks, as well as drownings at private and public swimming pools.

As an experienced Pennsylvania water park, amusement park, and swimming pool accident attorney, I am curious why the child was not spotted sooner and whether or not the water park had proper supervision and training of life guards and safety personnel, whether the pool was properly maintained, and whether or not there were breaches of any of the federal and state guidelines concerning the operation of the swimming pool and amusement attractions. We offer our deepest condolences to the family of the victim for their tragic and heartbreaking loss and we ask that all of our readers keep this grieving family in their thoughts and prayers.

Continue reading "Boy Dies In Pennsylvania Amusement Park Swimming Pool Accident - Experienced Pennsylvania Swimming Pool and Water Accident Attorney Weighs In" »

A school trip to a water park by 9-year old Jeremy Molumba ended tragically after the young boy was swept toward the deep end by surging water in a wave pool. According to news sources, a classmate tried to grip his friends hand before a second wave pushed him below the water surface. According to sources, the 4th grader remained at the bottom of the pool for more than one hour before anyone came to his rescue.

As an experienced amusement park and water park accident attorney, the first thing that came to my mind was where were the lifeguards or other supervisors whose job it is to maintain safe watch over the guests of the park? The guests of the park are identified legally as business invitees and are owed the highest duty of care. Other issues should be explored such as: Was the water cloudy? Was the water so cloudy or dirty that they could not see the child laying on the bottom? Was the drainage and pump system working properly or was there too much force and suction which forced the young man under the water and to the bottom? Individuals in wave pools regularly sustain injuries ranging from lacerations, bruises, brain injuries, neck and back injuries, drownings, paraplegia, quadriplegia, and sometimes death. Many times they are the result of slippery surfaces, polluted water, and improper supervision. When water park employees, managers, or operators are negligent, it is all too easy for an otherwise innocent and unknowing individual to get in trouble and sustain a catastrophic injury by submersion or suffer death by drowning. Unfortunately many water parks are not currently regulated by the Consumer Product Safety Commission and many water park and amusement park owners vehemently oppose federal oversight of safety regulations and reporting that many legislators seek to give the CPSC authority over water park and federal theme parks. Many water parks are not in conformance with the Virginia Graeme Baker Pool and Spa Safety Act which requires installing drain covers that meet ANSA/ASNE A112.19.8-27 standards on every drains or grates. It also requires the installation of an automatic shut off system, drainage gravity system, and a safety vacuum system, suction limiting vent system, or drain disabler. Many times loud music in a pool area or in a wave pool area prevents lifeguards from hearing calls of distress and many times the bottom of the wave pool is slippery due to the presence of algae. Crowd control issues and the adequate amount and training of lifeguards and supervisors and maintenance staff is an essential element of safety. It has been noted that there has been a sharp increase of drownings among children up through the age of 12 and although amusement parks and water park attractions appear to be safe, when you combine negligent supervision, premise liability defects, as well as a potential for defective design and manufacturing defects, many accidents occur that could have easily been avoided.

If you or a loved one has sustained an injury in anamusement park or water park, or has suffered a drowning or water submersion injury, the experienced amusement park and water park lawyers of the www.beasleyreifflawgroup.com offer a free, no obligation confidential consultation. We have been stalwarts of consumer and amusement and water park safety for over half a century and our attorneys and our legal team has been awarded over $2 billion since 1958. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Okay, I admit it, I use to be an amusement park and water park junkie and am a water sports freak. However, after practicing catastrophic injury law since 1979 and handling my fair share of amusement park and water park accident cases, I have become a “scaredy cat". As amusement parks and water parks continue to increase rides that are higher, faster, and more creative than anything you can imagine, the introduction of slicker composite materials and accelerants like water jets and linear induction motors creates outstanding thrills but often at the expense of the safety of unsuspecting thrill seekers. In the last two weeks, we have been contacted by at least a half a dozen individuals who sustained fairly severe and catastrophic injuries which most likely will have permanent consequences. In fact, at one of the water attractions at Six Flags Great Adventure Hurricane Harbor water park, an individual climbed five flights of stairs and then launched into a water ride only to end the ride in severe excruciating pain, completely disabled, and requiring a stretcher and emergency transport to a hospital where he was diagnosed with a spinal fracture and other significant injuries.

Unfortunately new technology and ride designers push the safety envelope in an attempt to deliver what the consumer demands as the ultimate thrill ride. However, in the United States, there is no official source which keeps a complete national record of theme park accidents and in many U.S. states, including Florida, theme parks are not legally required to report accidents involving injury to anyone. In the case at hand, our client did not have medical insurance and the amusement park operator told him that he is responsible for his own medical treatment.

The amusement park accident and water park accident attorneys at Reiff & Bily believe that there should be stricter regulation concerning amusement water park safety and that operators of amusement and theme parks who put profits over safety should be held accountable for the injuries that occur at their theme parks. The experienced Philadelphia amusement park and water park accident attorneys of Reiff & Bily offer a free no obligation consultation have successfully represented thousands of personal injury clients with a successful track record since 1979 recovering hundreds of millions of dollars in damages. Let our aggressive legal team bring the wrongdoers to justice and achieve the best result for your family. For a free, no obligation consultation, please contact us at 1-800-421-9595 or online at www.reiffandbily.com.