Philadelphia Injury Attorney Blog

One Million Cribs Deemed Unsafe - Drop-Down Sides Can Potentially Suffocate Toddlers and Infants

2009-11-25T15:50:00Z

The Consumer Product and Safety Commission issued a press release and announced the recall of 2.1 million potentially defective cribs on Monday, November 23, 2009. The Consumer Product Safety Commission indicated that parents should immediately stop using Stork Craft drop side cribs which are manufactured by Stork Craft Manufacturing Inc. of British Columbia. There are approximately 1.2 million of the cribs in distribution in the United States and 968,000 in Canada. The recall also includes 147,000 Stork Craft drop-side cribs with a Fisher-Price logo according to the CPSC. The cribs were sold at major retailers including Sears, Wal-Mart, Amazon.com and Target between January 1993 and October 2009.

According to the CPSC, the cribs’ drop-side is attached with plastic hardware which can detach unexpectedly creating a space between the crib wall and adjacent mattress causing infants and toddlers to become trapped and suffocate or fall to the floor. There have been 110 documented instances of drop-side detachment, including 67 in the U.S. and 43 in Canada, with 4 resulting in suffocation and 20 resulting in falls that caused injuries that range from concussions to bumps and bruises. Last January, the CPSC issued a recall of over 535,000 Stork Craft cribs due to safety concerns.

As an experienced Philadelphia product liability lawyer who has been fighting manufacturers of defective products since 1979, I join the call for stricter regulations and standards on companies manufacturing children’s products, including but not limited to such cribs. Since the beginning of 2007, more than 5 million cribs, bassinets and play yards have been recalled according to CPSC.

Philadelphia Bicyclists Scream Injustice with the New Traffic Rules

2009-11-24T13:00:00Z

More and more people are riding bicycles and bicycle ridership in Philadelphia is up since the SEPTA strike. Rules have been introduced that would require cyclists to obey the rules of the road similar to a motor vehicle and increase fines against bikers who violate the rules. Presently, cyclists are subject to most traffic laws such as stopping at red lights and going with the flow of traffic and although these laws have not been strictly enforced in the past, Philadelphia police have announced they will step up enforcement and issue fines in an aggressive fashion.

A few days after I wrote my original blog concerning this topic, I received a number of phone calls and inquiries from concerned bicyclists uncertain about the future and wondering whether the same was constitutional. First, let me state that most bicyclists are quite responsible and a little education program to bicyclists on the road would be beneficial. The essence and background of the new traffic law and cyclists is essentially to protect bikers, motorists and pedestrians. The new law enforcement is not meant to wage a war on bicyclists but to keep all of us safe.

As an experienced bicyclist since age 13, and an experienced Philadelphia bicycle accident attorney, I am excited that bike ridership and ownership in Philadelphia is among the highest in the country and I am excited that the City of Philadelphia has taken steps to protect bicyclists and make the city more bicycle friendly. It is my understanding that funds from the violations will be utilized to maintain bicycle lanes and improve the Philadelphia biking systems. Philadelphia has over 200 miles of bicycle lanes - more than exist than in any other city in the United States. It is only due to a rise in pedestrian/bicycle accidents and car accidents including bicyclists in Philadelphia that these new bike laws have been proposed and enforced.

As a bicycle accident attorney who has been on both sides of the fence representing bicyclists who have been catastrophically injured and pedestrians who have been catastrophically injured by bikes, I welcome a more orderly system which will protect all of us.

Fatal Hit and Run Accident Occurred When a Trailer Became Unhitched From the Vehicle Towing It and Traveled into the Path of an Oncoming Motorcycle Resulting In Fatal Injuries

2009-11-20T13:00:00Z

As an experienced defective and unhitched trailer lawyer with a specialty in motorcycle accidents and hit and run accidents, I noticed a “hat trick” of all three has recently occurred which tragically took the life of an innocent man. Michael K. Hull, age 48, was injured when a trailer became unhitched from a vehicle and traveled across two lanes into the path of his motorcycle. The unfortunate victim died of the catastrophic injuries approximately two weeks later. The operators of the vehicle towing the trailer left the scene of the accident and were charged for failure to stop, also known as hit and run. In addition they were charged with voluntary manslaughter. Evidently the trailer was stolen from a business and connected to their vehicle in an improper fashion. After the trailer crossed the median strip and Mr. Hull struck it, he was thrown off the motorcycle and landed in westbound lanes of traffic where he was struck by two other vehicles.

Our hearts, thoughts and prayers go out to the family of Michael K. Hull. They would be well advised to seek the services of an experienced hit and run lawyer with expertise in defective trailers and motorcycle accidents to fully investigate this claim to make sure that they receive proper compensation. The facts of this case represent the worse possible circumstances involving hit and run, defective trailers and motorcycle accidents which unfortunately took the life of a good, caring and innocent man.

Attention Parents: Maclaren USA Inc. Recalls Strollers after Amputation Reports

2009-11-13T13:00:00Z

The experienced Philadelphia defective product liability lawyers call your attention to the fact that Maclaren USA Inc. has recalled approximately one million strollers sold in the United States over the past decade after receiving reports of children’s fingers being amputated when caught in the stroller’s hinges. Maclaren announced a voluntary recall with the U.S. Consumer Product Safety Commission on Monday, November 9, 2009. CPSC said consumers should immediately stop using the strollers which were made in China unless otherwise instructed. The recall involves all Maclaren single and double umbrella strollers sold in the United States starting in 1999. Maclaren had received 15 reports that children were placing their fingers in the stroller’s hinge mechanism with 12 reported finger amputations in the United States. The incidents occurred while the strollers were being opened or closed and not while the children were seated in the strollers.

Models affected include Volo Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triump, Twin Techno and Easy Traveler. If you or a loved one has sustained an injury while using a Maclaren stroller or any other defective product, please feel free to contact the experienced defective product liability lawyers at Reiff and Bily for a free no obligation consultation.

Governmental Agency Questions Why Honda Motor Company Did Not Include Vehicles in an Earlier Air Bag Recall - Defective Airbag Lawyer Weighs In

2009-11-11T13:00:00Z

The National Highway Traffic and Safety Administration is questioning why Honda and the Takata Corporation, the airbag supplier to Honda, did not include vehicles from a second recall in an earlier recall concerning airbag defects eight months before. The initial recall centered on a problematic airbag deployment according to a Honda spokesperson. This recall in November 2008 involved 3,940 Accords and Civics from the 2001 model year. Yet recently Honda recalled 440,000 Accord and Civic vehicles for a potential lethal airbag defect. The second recall was expanded in July to include 2002 Accord and Acura vehicles due to the fact that the airbag inflator was rupturing from too much pressure, sending metal fragments from the airbag into vehicle occupants, resulting in multiple injuries and death.

The experienced airbag defect lawyers at Reiff and Bily recently completed another case involving a similar defect with another automobile manufacturer causing the driver to lose her vision. As defective airbag lawyers with concern for consumer safety and knowledge of the automobile industry, we are somewhat concerned that Honda allowed these potentially unsafe vehicles to remain on the highway, putting profitability over the safety concerns of its consumers.

For more information please visit the NHTSA website at www.nhtsa.gov or visit www.safercar.gov for the latest recalls and defect investigations.

Experienced Defective Trailer Hitch Lawyer Warns That a Trailer Hitch Should Be Regularly Inspected To Avoid Potential Death and Catastrophic Injury

2009-11-09T13:00:00Z

As an experienced defective trailer hitch lawyer, I am somewhat concerned due to the increase in trailer detachments resulting from defective hitches due to cracks, corrosion and rust which significantly weaken the connection. The trailer industry is an already highly unregulated industry and there are a multitude of catastrophic injuries and deaths due to trailer disconnections or malfunctions. With particularity we have seen a number of consumer complaints alleging factory installed trailer hitch failures on the following GM vehicles: Chevrolet Avalanche 2500, 2002 Chevrolet Silverado 2500, 2002 Chevrolet Suburban 2500, 2002 GMC Sierra 2500, 2002 GMC Sierra 2500 HD and 2002 GMC Yukon XL2500.

A number of reports have indicated a failure at welding spots around the pin box area, as well as a complete weld failure to the pin box leading to a full separation of the trailer from the towed vehicle. In some instances, the trailer safety chain and emergency brakes were not activated as both safety features were still attached to two openings of the pin box that broke off with the trailer. If you are towing a trailer or have a vehicle with a trailer hitch, it is important to inspect the trailer hitch frequently for broken welds, cracks or rust. Although many automobile manufacturers will not openly admit it, many of the newer models from 2005 onward contain a beefy hitch with an extra piece of metal due to earlier product failures.

The experienced defective trailer hitch lawyers at the Pennsylvania catastrophic injury law firm of Reiff and Bily have had extensive experience representing victims who have been killed or catastrophically injured as a result of defective trailer hitches. Unfortunately many states, including the Commonwealth of Pennsylvania, have very little regulation addressing the safety of trailers and hitches.

If you or a loved one has suffered an injury or death due to a trailer accident, it is important that an experienced attorney explore the incident to determine who is responsible. Reiff and Bily has an experienced team of investigators and experts that will determine the cause of the accident and who is liable. The defective trailer accident lawyers at Reiff and Bily are committed to product and consumer safety. For a free no obligation consultation, please contact us at 1-800-421-9595 or online at www.reiffandbily.com.

America’s Roadways Are Becoming Overburdened with Unsafe and Unregulated Trailers

2009-11-06T13:00:00Z

A recent letter to the editor published in the Galveston Daily News on October 8, 2009 entitled “Trailer Safety Is Being Ignored on Our Roads” calls attention to the fact that America’s roadways are becoming more and more dangerous due to the unregulated trailer industry. Many trailers are being towed by people without sufficient knowledge of proper towing or connection. Many of these trailers are improperly towed, do not have working lights, safety chains and are not maintained to a safe and proper standard. A website maintained by consumer crusader Ron Melacon entitled www.dangeroustrailers.org has been addressing this concern for almost 7 years.

As a lawyer specializing in tractor-trailer and defective trailer accidents, I am all too familiar with the situation of illegal, unsafe, and defective trailers causing catastrophic injuries or death. Most of the time, law enforcement agencies in our states just turn their heads on these violations and obvious safety concerns. Of particular concern at this time of year is Halloween hayrides which are a big attraction for children and as they are often times unregulated, children have been losing their lives or suffering serious and catastrophic injuries. Unfortunately in many states, including the Commonwealth of Pennsylvania, there is very little regulation of trailers that are under 3,000 lbs. Many times you can be traveling on a highway at a high speed when a homemade trailer is passing you or next to you and it can become detached and sent in your path. Many states are silent as to design or construction specifications for these trailers under 3,000 lbs. and in our investigation, we have found that many of these trailers have obvious safety violations relating to lighting, braking, and inspection requirements.

If you or a loved one has been injured as a result of a defective trailer accident, please contact one of our experienced defective trailer lawyers for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

7-Year Old Child Killed During Halloween Hay Ride

2009-11-03T12:59:36Z

Our thoughts and prayers go out to the family of 7-year old Emily Midgley who was killed at 7:00 p.m. on Halloween when she was run over while exiting a Halloween hay ride. Unfortunately the experienced defective trailer and Halloween hay ride injury lawyers of Reiff and Bily are all too familiar with these types of tragic incidents.

Recently we were litigating a Halloween hay ride trailer accident case involving a young boy and his mother who were run over during a holiday hay ride. The insurance company representing the hay ride operator attempted to desecrate the mother of our client who was run over, as well as the innocent child himself, despite the fact that the operator of the hay ride was not licensed nor took proper safety precautions.

Unfortunately, many operators view Halloween hay rides as a way to make a quick buck and do not pay proper attention to safety and regulations concerning the riders. The family of Emily Midgley would be well advised to seek the services of an experienced amusement park attorney and defective hay ride attorney to investigate this claim and insure that they recover proper compensation for this tragic loss.

If you or a loved one has been injured as a result of a hay ride accident, please contact one of our experienced hayride injury and defective trailer lawyers for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Consumer Product Safety Commission Votes To Write Mandatory Rules Regulating Four Wheel ATVs

2009-11-02T13:00:00Z

The experienced Philadelphia car accident and rollover lawyers of Reiff and Bily salute the Consumer Product Safety Division’s vote on Wednesday, October 21st to regulate 4 wheel ATV vehicles following more than 100 deaths since 2003. More staggering than the death claims are the loss of limbs and catastrophic injuries suffered by the operators of these vehicles in this highly unregulated industry. ATVs are extraordinarily prone to rollover and not only that, when they rollover there is a lack of protection causing occupants and drivers to be trapped underneath or ejected, resulting in serious and catastrophic injury. Although the ATV industry proposed voluntary regulations, the CPSC claimed that the voluntary regulations did not go far enough. CPSC has indicated that they will solicit comments from industry, consumer advocates and others as it writes the rules. However, we expect that this process will take many years.

If you or a loved one has been injured in an ATV rollover accident or a car accident, please contact one of our experienced lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

Minor Impact Car Accident Causes Over Aggressive Airbag to Deploy Late, Blinding Woman

2009-10-30T13:00:00Z

Normal force of an airbag deployment is over 200 miles per hour. Many times airbags deploy at a greater velocity and often deploy late. Frequently this is a failure of the airbag sensor or other components involved in the deployment of the bag. Recently we completed a car accident case involving an over-aggressive and late airbag deployment causing the phenomena known as “bag slap” which resulted in the loss of an eye of our client despite a minimal impact. When we think of airbags, we normally do not consider the case of individuals getting killed or seriously injured. However, due to defective airbags, many times catastrophic injuries and fatalities occur.

Reiff and Bily has had experience litigating defective airbag cases involving non-deployment, late deployment, and over-aggressive deployment. If you or a loved one has suffered from a serious or catastrophic injury, or a wrongful death due to a defective airbag, please contact one of our experienced car accident and product liability lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

Jury Orders Ford to Pay $8.5 Million Dollars to a Woman Who Sustained Injuries in a Ford SUV Rollover Case

2009-10-28T13:00:00Z

In another verdict against Ford Motor Company on Wednesday, October 14, 2009 a jury awarded $8.5 million dollars after a 4 1/2 week product liability trial. The lawsuit was filed in 2005 alleging that the Mercury Mountaineer SUV was unstable and prone to roll over. The 22-year old passenger (victim) was ejected from the vehicle during a rollover and as a result sustained brain damage, broken bones, a collapsed lung, a fractured skull, paralysis to her left arm and hand, and a right leg amputation. The trial lawyers contended that Ford Motor Company negligently designed, manufactured, produced, and distributed the Mercury Mountaineer which caused the accident.

The Mercury Mountaineer was alleged to be inherently defective and dangerous as the model does not possess sufficient stability to prevent it from rolling over on its side and roof. Allegations were made at the trial that Ford Motor Company was aware of this defect but failed to make adequate corrections. Trial attorney Willie Gary stated that Ford Motor Company took a calculated risk by manufacturing defective vehicles.

We salute the efforts of Willie Gary as well as other attorneys in the fight against Ford Motor Company and other motor companies who continue to place unsafe vehicles on the road knowing that they are dangerous, selecting profits over safety and seemingly making calculated decisions to take their risks in the courts.

Philadelphia Bicyclists Beware - Most Motorists Who Share the Highway with You Either Have No Insurance or Minimal Insurance

2009-10-26T13:00:00Z

Most of time when a bicyclist collides with a motor vehicle the injuries are severe and often catastrophic. Unfortunately with the uninsured and underinsured motorist pandemic in Philadelphia, many times bicycle accident victims and clients come to our office with extensive and permanent injuries without adequate coverage available from the striking vehicle.

Recently a bicycle rider who had been in an accident with a minimally insured car contacted my office with multiple broken bones and permanent nerve damage with a minimal $15,000 policy from the other side. Her first attorney suggested that there was nothing more that he could do for her and she should take the $15,000. What this other attorney did not do, in fact, was perform a complete asset search of the defendant nor consider the ramifications of this client’s own underinsured motorist coverage through her automobile policy.

]]> This lawyer would state that the client’s first lawyer was looking for the “easy” answer to a problem and committing legal malpractice by failing to understand the specifics of bicycle and automobile law in the Commonwealth of Pennsylvania. If the client had signed the Release for the minimal $15,000, she would neither have been able to cover her medical bills nor make a proper compensatory damage recovery for pain and suffering.

Unfortunately all too many times I see the results of these cases when it is too late. Many times people choose to go to an attorney who is a general jack-of-all-trades attorney who writes wills, does divorces, as well as corporate affairs with minimal understanding of personal injury who does not have complete knowledge and background with regard to the handling of automobile and bicycle accidents. Remember it is your case and you only get one bite at the apple. So make sure that you are properly represented.

If you or a loved one has been injured as the result of a bicycle accident or car accident, please contact one of the experienced Philadelphia personal injury lawyers of Reiff and Bily for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Five-Year Old Boy Killed In Hayride Accident Gone Awry

2009-10-23T13:00:00Z

In late September, a 5-year old boy was riding on the back of long trailer stacked with hay bales. He was with his family taking a hayride. As his mother attempted to lower him from the trailer which had not stopped, he was pulled under from unexpected movement of the trailer and crushed and killed by the wheels. Every year I write articles from the viewpoint of an experienced hayride injury lawyer concerning occurrences just like this. Every fall many farms and orchards turn into quasi-amusement parks offering Halloween hayrides and every year no doubt we receive a number of phone calls from parents of children who have been seriously injured from these seemingly innocent rides. Many hayrides are simply accidents waiting to happen when proper control mechanisms are not in place. Our hearts and prayers go out to the family of an innocent and unsuspecting 5-year old boy, the latest victim.

If you or a loved one has been involved in a hayride accident, please contact one of our experienced hayride accident lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

Increased Number of Motorcycle Deaths on America’s Highways Prompts Federal Highway Administration to Conduct an Intensive Study into the Cause

2009-10-21T13:00:00Z

The Federal Highway Administration announced it will conduct an intensive study into the cause of the growing number of motorcycle accidents on American roads. Nearly 5,300 motorcycle riders died in highway crashes in 2008 in America, representing 14% of all deaths and there were 96,000 additional injuries. Between 1997 and 2008, motorcycle fatalities jumped from 2,116 to 5,290, a 150% increase according to the transportation department’s fatality analysis reporting system. In 2008 alone, deaths from motorcycle crashes rose by 2.2% while fatalities from crashes involving other vehicles declined. NHTSA announced it was considering new safety features on motorcycles such as anti-lock brakes as motorcycles with optional anti-lock brakes sustained a 28% lower fatality rate.

The Philadelphia motorcycle accident law firm of Reiff and Bily is committed to protecting the rights of motorcyclists. If you or a loved one has been involved in a motorcycle accident, contact one of our experienced Philadelphia motorcycle accident lawyers for a free no obligation consultation to fully evaluate your rights and options at 1-800-421-9595 or online at www.reiffandbily.com.

Be Careful What You Post On Facebook Or Other Social Networking Sites – A Secret Weapon In Litigation

2009-10-19T13:00:00Z

As an experienced Philadelphia personal injury lawyer, Facebook, Myspace and Twitter have become valuable mining grounds for information on individuals and parties involved in lawsuits. Whatever you post on the Internet can be pulled up later in life and used in discovery and court proceedings.

Almost always in the preparation of one of our cases, we do a complete Internet search background on witnesses, parties and even lawyers involved in the case to determine more about their personalities, strengths and weaknesses. Many of the web-based information sites set forth their terms indicating that they have the right to do whatever they want with your content. Therefore, it is important to check the terms of service with the social networking site of your choice to determine what rights you have. Some of the sites state that once a person closed his or her account, the site no longer had a right to that content. However, it may no longer be the case.

In many cases, Facebook or other social networking sites may not be your friend in the personal injury case. Not only are the plaintiff’s attorneys viewing what you set forth on your page, but just consider this – all the defense companies, insurance companies and their legal team and experts have a right to your Facebook page as well, noting vacations, activities and any other information that may affect your claim. Many people who claim to have problems with limited activity reveal evidence of themselves dancing, participating in sports or traveling. Defense companies and lawyers will use any resource that they have available to discredit you. So, be careful what you post on Facebook.

Jeffrey Reiff is the founding partner of Reiff and Bily, an experienced personal injury litigation firm based in Philadelphia, and concentrates his practice in product liability, car accidents and medical malpractice.