Philadelphia Injury Attorney Blog

This past weekend, I was asked to comment on a case where a car slammed into a restaurant, broke through the walls, and injured a number of customers killing another innocent and unknowing victim who was dining. The initial investigation of the incident revealed that the elderly driver of the car meant to hit the brakes but instead pressed the gas pedal crashing into the building.

Just last year, I was consulted on a similar case where an elderly gentleman also erroneously hit the accelerator pedal rather than the brake and crashed through the walls of fast food restaurant catastrophically injuring innocent patrons. This unfortunate scenario is more common than one can imagine.

A skilled catastrophic injury and wrongful death lawyer experienced in the arena of restaurant crash accidents, premise liability, car accident law, and automotive product liability should immediately begin a comprehensive investigation of the facts and work closely with authorities and independent investigators to determine the causation of the accident. Often many complex theories of law become intertwined in the investigation and litigation of car crash into restaurant cases.

The experienced Pennsylvania product liability, premise liability, and car accident lawyers of Reiff and Bily works with experienced and independent structural engineers, architects, building, safety, OSHA, and cognitive behavioral assessment experts to carefully analyze the facts of each individual case. We request that our experts credibly opine about the inadequacy of curb and building structures, as well as immediately look for product defects on the striking vehicle including but not limited to; defective braking system, failure of steering system, or faulty acceleration .

There are many ways that a vehicle crash into a restaurant can occur. Perhaps the driver was intoxicated or under the influence of mind altering drugs or prescriptions. Perhaps the driver was speeding, or perhaps there was a defect with the vehicle that prevented the driver from stopping or having his vehicle under control.

At any rate, one thing is for certain, when innocent bystanders are harmed due to a car accident or premise liability claim such as this, they are entitled to have a full independent investigation completed by an experienced car accident and premise liability attorney who understands how in just a matter of seconds a victim and their family’s lives can be changed. The victim and their family have a right to expect that they will be entitled to recover monetary damages for the harm caused to them by the wrongdoers.

The experienced Pennsylvania car accident, premise liability, and product liability lawyers of Reiff and Bily have over 30 years of experience representing the interests of catastrophically injured victims and their families, offering a free no obligation consultation and a zero recovery, no fee guarantee. 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.

As an avid bicyclist and Philadelphia bicycle accident lawyer who has represented bicycle accident victims seriously injured in bicycle traffic accidents for more then 30 years, I salute the Pennsylvania Senate’s approval of a Bill known as the “Safe Passing Law". The “Safe Passing Law" requires cars to leave a 4 foot clearance when passing a bicyclist and it applies in Pennsylvania cities, suburbs, and rural areas.

In Philadelphia and surrounding counties, even despite placement of bicycle traffic lanes adjacent to traffic, many avid cyclists know that they have had a close call by someone who was ignorant of the cyclist or has buzzed by them in an alarming way almost causing, or in fact actually causing, a catastrophic injury. Personally, I was almost struck by a SEPTA bus while riding my bicycle in a bicycle lane, causing me to flip over the handle bars and break my wrist. I have represented bicyclists who have suffered broken bones, brain injuries, amputations, and in the worse cases a wrongful death when they were struck by a motorist ignorant of their rights on the road. Hopefully the new “Safe Passing Law" with proper enforcement by law enforcement officials will serve to educate other motorists on how to properly and safely pass a bicyclist. It will be interesting to observe how the new bicycle passing law is enforced, and whether the penalties have enough teeth to deter wrongdoers. Only time will tell.

The Pennsylvania bicycle accident law firm of Reiff and Bily remains committed to bicyclist safety and always offers a free, no obligation consultation to those injured in bicycle accidents caused by the fault of another or due to a defectively designed bicycle, a defectively manufactured bicycle, or a defectively designed bicycle component part.

Rick Santorum, a Republican candidate for President, blames lawyers and medical malpractice lawsuits for unnecessarily driving up health care costs. He claims that he will push to limit payments to medical malpractice lawsuit victims and has repeatedly spoken about caps on medical malpractice recoveries. What Mr. Santorum fails to mention in his campaign speeches is that he testified in support of his wife when she filed a medical malpractice lawsuit that allegedly sought $500,000 dollars in damages, which was twice the cap in his original legislative proposal. According to sources Karen Santorum, the wife of Rick Santorum, claimed that a chiropractor left her with a back injury that will result in a lifetime of pain medication and restriction of mobility.

On the campaign trail when questioned, Senator Santorum told reporters that he backed limits and that his wife did not sue for pain and suffering which is the area he thought should be capped. The Judge in the Santorum case stated that a majority of the $350,000 jury verdict awarded to the Santorum’s was largely for unspecific losses and pain and suffering which he concluded was excessive. It is unfortunate however, that after practicing as a Pennsylvania catastrophic injury and malpractice attorney for over 30 years, I often find that the people that complain the most about lawyers are the ones that are the greediest when it comes time to the resolution of their own claims. When they are the victim or a family member is the affected victim, they have a totally different view and yes, they too become “greedy for justice".

I was regularly attacked by a prominent physician in Philadelphia who when dining with me or socializing with me would always chastise the efforts of myself and other trial lawyers committed to achieving justice for injured victims. When this doctor sustained a catastrophic injury as the result of medical malpractice, the sky was the limit for how much he wanted. He was no longer calling for the caps on damages that he was so arrogant and vociferous about before his accident.

Why is it that people will say anything to get them elected to office, yet when it comes time to a personal tragedy where they or their family member is a victim, it is a different set of standards?

I have always believed that a man should be judged by his actions rather than his words. I am not afraid to admit that yes, I am still “greedy for justice" when a wrongdoing occurs caused by the negligence of another or a defectively manufactured product.

I believe wholeheartedly in the American justice system and the average 500 year collective wisdom of American juries.

We recently evaluated a Railroad gap case where a client was catastrophically injured when they feel through the gap between the train’s doors on the railroad car and the train station platform. The design of the front stairs of the train resulted in a significant gap between the bottom stair of the train and the landing at the train station.

It is generally a well-accepted principle in railroad gap cases that the horizontal gap between the open train door and the platform should be a reasonable distance so that one may exit and enter the train in a safe fashion without falling through the gap. railroad accident train gap accidents are more common than you think and many times the gap exceeds the railroad’s own internal standards. Many railroad platforms have problem gaps. In fact recent studies indicate that more then 30 percent of train stations have dangerous gaps.

Railroad gap slip and fall accidents are some of the most common claims made against railroads. According to recent reports the number of people reporting that they were involved in a slip and fall accident due to the gap between the train and the train station platform is skyrocketing. In fact, there are several websites devoted to railroad safety and the railroad gap problem.

For over 30 years, the Philadelphia train accident lawyers of Reiff and Bily have represented victims who have been injured by the negligence of Amtrak, SEPTA, and other railroads. The Philadelphia railroad accident attorneys of Reiff and Bily have the necessary skill and experience to fight for your rights to make sure that you are not left with lost wages and medical bills that continue to accumulate, as well as recover damages for the loss of life’s enjoyment and pleasures. We always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

The National Highway Safety Administration is charged with writing and enforcing safety, theft resistance, and fuel economy guidelines for motor vehicles. However, as an experienced Pennsylvania automobile product liability attorney who has handled a substantial number of catastrophic car accident cases, I am well aware that these are only minimal standards and guidelines.

Federal Motor Vehicle Safety Standards, (FMVSS), are regulations written in terms of the minimum safety performance requirements for motor vehicles, motor vehicle items, and motor vehicle equipment. Many of the big auto makers take pride in announcing that their vehicles meet these “minimal" standards, however, a safely designed car should exceed these standards, especially if there is a safer design alternative.

In 1980, NHTSA recognized the need for safer interiors of vehicles and identified improvements to padding and cushioning in the event of an accident. In 1989, the application of one inch of padding was required to interior surfaces which was indicated to reduce head trauma by half as much. The Department of Transportation estimated the cost of padding all roof, rails, and areas likely to have an impact was approximately $33 per car.

Safety is not one thing, it’s everything. Understanding that NHTSA or FMVSS government standards are only minimal guidelines and applying conventional wisdom that cars and motor vehicles should be safe makes it intolerable and unacceptable when automobile manufacturers cut corners and emphasize safety over profits. While automobile manufacturers always speak about compliance with federal standards, standard testing typically does not call for all types of situations or applications.

Keeping this in mind, if you or a loved one has been involved in a serious motor vehicle accident, you may want to contact an experienced car accident and automotive product liability attorney to fully evaluate your claim and search the road less traveled for answers and proper compensation. The experienced Pennsylvania car accident and automotive product liability lawyers of Reiff and Bily always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

When I was a young teenager in school one of my favorite books to read was “To Kill A Mockingbird". Atticus Finch, the fictional protagonist of the Pulitzer Prize winning novel is a lawyer in a small Alabama county and has been named as one of the greatest heroes in American film. In a rousing speech given to the jury, Finch claims “There is one way in this country in which all men are created equal – there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college President. That institution gentlemen is the court".

Although fictional, Atticus Finch has always been one of my heroes and one of the main reasons that I became a lawyer.

Every person is entitled to every presumption of reaching the heights of a lifetime without sustaining injuries that could have been easily prevented had it not been for the negligence of others, or a defectively designed product.

As an experienced Pennsylvania product liability and motor vehicle defect lawyer for over three decades, I have recognized that money, power, and greed often leads to ruthless and preventable catastrophic injuries and deaths that will greatly affect my clients and their families for the rest of their life. Many times when I visit a new case, I seethe with anger (which is not a bad starting point) as I search to put the pieces of the puzzle together which will shine a light on how my clients and their families were betrayed. In most cases the facts reveal that the victim suffered a wrong and is fully entitled to justice. One must always stand for something or you fall for anything.

I see how insurance companies and corporate defendants continue to turn their backs on catastrophically injured individuals or the victims of families who are wrongfully killed when the bills of life keep coming and the medical costs keep accumulating. I do believe that the right to enjoy one’s life in a safe and proper manner is not one thing, it is everything. Jeffrey Reiff is the founding partner of Reiff and Bily, a catastrophic injury and wrongful death law firm in Philadelphia, PA.

It has often been stated by legislators and lawmakers that greedy trial lawyers and their clients take advantage of the legal system by seeking large verdicts after they are injured by the negligence of another or by a defectively designed or defectively manufactured product.

For years, as an experienced catastrophic injury attorney, I would have friends talk to me about the famous “McDonald’s coffee case" when in fact they had no idea what that case was really about. In fact, the hot coffee propaganda campaign in the newspapers was funded by major corporations who have spent millions of dollars to distort the case promoting tort reform.

I urge all of my readers to view “Hot Coffee" which clearly reveals how large businesses and corporations aided by the media manipulated the public with lies to protect corporate interests. The film follows the lives of four individuals whose lives were devastated by the attacks on our courts, and challenges assumptions many Americans hold about “jackpot justice".

For over three decades, I have recognized that the collective 500 years of wisdom of individuals comprising a jury have more common sense than anyone else in the courtroom. It is conventional wisdom that products, cars, amusement rides, and premises should be safe from defects. Occupy Wall Street began a worldwide movement protesting social and economic inequality, corporate greed, as well as corruption and the undue influence that corporations have. The 7th Amendment of the United States Constitution grants us all the right to a trial by a jury of our peers.

Many of the product liability cases that our office regularly investigates and litigates involves someone’s deepest and darkest fears coming true. Imagine receiving a phone call in the middle of the night notifying you that your child or another loved one has been wrongfully killed as a result of being involved in a car accident caused by a defective product design or mechanism that the manufacturers have known for years created an unsafe condition. Everyone has the right to expect that when they purchase an automobile, they are buying a safe car and that safety should never be an option. Yet, in many of our automobile product liability cases, we have been able to show that automobile manufacturers concealed known defects putting the profitability and greed of corporate interests above consumer safety. Simply put, cutting corners on product design or manufacture and not putting safety first is never acceptable. The prevention of an injury must always be priority number one. Cars should be designed to be safe for everyone, adults and children. Concealing safety issues with bold faced lies in the name of business and profits is simply intolerable.

The experienced Philadelphia product liability lawyers of Reiff and Bily understand that one must never be afraid to stand up to big business and corporations. If you or a loved one has been injured by the defective design or manufacture of a product, contact one of our experienced Pennsylvania product liability lawyers for a free, no obligation consultation toll free at 1-800-421-95959 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 actively practicing law since 1979 and yet many times when I meet colleagues who are trial lawyers they cannot help but tell me how much they hate the profession and can’t wait to get out. Many of my colleagues drink to forget and eliminate the stresses of the profession. On the other hand, there are many lawyers such as myself and my partners who love to practice law and feel blessed to have the opportunity to represent so many wonderful clients in need of our services. The practice regularly gives us energy as rise to new and different legal and interpersonal client challenges.

Since 1979, I have vigorously represented clients who have been catastrophically injured or wrongfully killed due to the negligence of another or due to a defectively designed or defectively manufactured product. I have always been amazed at how insurance companies and their “hired gun" defense attorneys attempt to minimize the value of a life changing injury, disfigurement, loss of reputation, impairment of mental and physical capacity, frustration, humiliation, degradation and an non-inclusive list of other factors when these same people will purchase pieces of art at prices in the millions or hundreds of millions of dollars. I have often asked myself why is a piece of art worth more than the value of a lost life or worth more than the injuries sustained by one whose life has been catastrophically changed due to the negligence of profit seeking motives of another. I have understood that as an experienced Philadelphia trial lawyer, I deal with situations on a daily basis where we must face the value of our client’s lost hope or dreams and yes, while many of the cases involve some of the most depressing facts that one could conceive, I still believe that in representing seriously injured clients, the loss of their dreams is much more important than the intangible value of a piece of art and have always given of myself 110% percent to help my injured clients and their families recover compensatory damages necessary to keep their dreams and hopes alive. Being a lawyer defines my life and I look forward every day to giving the best counsel possible to my clients. I understand that the greatest use of a life is to spend your time doing something that will outlast it and I know that the finest trial lawyers that I work with love what they do and understand that the pursuit of justice is truth in action. We understand that every individual and corporate entity has a responsibility for injustice anywhere in life and everywhere in the community.

I was recently at an outdoor sporting event squeezing my way through people seated in the bleachers when I almost tripped and fell through one of the large gap openings. Although my wife many times tells me that I can be a “klutz", on this evening I saw many other people fall forward as their legs and feet almost slipped through the large gaps. What immediately came to mind, particularly as a Philadelphia premise liability and slip and fall injury lawyer, was that there was a significant risk of harm to innocent and unknowing visitors at the game. Yes, similar types of bleachers are used for sporting events, graduation ceremonies, parades, and other activities and often are constructed very quickly without giving a thought to proper guardrails, violations of building codes, and more importantly proper lighting which would illuminate or warn potential victims of a danger. Many of the bleachers in use today are not required to comply with building codes. However, it is important for the operator of the event, and owner of the bleachers to provide a safe sitting and walking arrangement to all who occupy the bleachers with an emphasis on slip and fall protection.

The U.S. Consumer Product Safety Commission takes this so seriously that they recommend retrofitting measures for many bleachers currently in use. The CPSC retrofitting measures recommends details for proper placement and arrangement of railings to prevent falls.

If you or a loved one has sustained an injury or fallen from a bleacher, it is best to immediately contact an experienced premise liability and slip and fall attorney who will work with experienced architects, civil engineers, as well as warning, illumination, and product defect analysis experts to determine who should be held accountable for resulting injuries. As always, the experienced Pennsylvania slip and fall accident and premise liability lawyers of Reiff and Bily offer a free, no obligation consultation. If we are successful in a recovery, you don’t owe us a dime. For over three decades we have successfully represented victims and their families in Pennsylvania and throughout the country jointly with co-counsel assuring that justice is served. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently a young boy drowned while swimming at night in a swimming pool owned by a major hotel chain while attending a wedding reception. Although alcohol was involved, there were numerous other violations pointing to owner/operator negligence for swimming pool operations and premise liability which led to the tragic death. Recently I was a guest at another major hotel chain with an indoor pool and was surprised to notice that the hotel did not secure the pool at night by locking doors even though claiming it was closed during evening hours. The hotel’s actions indicated that guests were allowed to swim at night and the area was dimly and darkly lit. The hotel also had business and social functions ongoing in the lobby and bar areas and it was very possible for guests who were intoxicated to enter the pool.

In the hotel swimming pool drowning accident case where the boy drowned, an aquatic safety consultant was retained and stated that the hotel was negligent in that it failed to secure the pool at night with locked doors or gates even though they claimed it was closed during evening hours. Routine pool controls and patrols were not conducted for safety and the pool was lacking safety signs, rescue and resuscitation equipment. There was no one on staff ultimately in charge of the pool and in fact, many of the safety breaches which led to the finding of liability on behalf of the hotel chain were in violation of the company’s written policies.

As an experienced Philadelphia hotel safety and Philadelphia swimming pool accident lawyer for over thirty years, I understand that safety is priority number one and that hotels and motels owe the highest duty of care to those who visit the premises as customers to insure their safety and protect them from significant harm or death. If you or a loved one has been injured as the result of a swimming pool accident, please contact us for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

I remember walking with my parents and as I grew older, walking with my friends on brisk Halloween evenings wearing a close fitting Halloween mask with only two small holes for breathing, I remember distinctly the warm condensation building up under the mask as I went door to door “trick or treating". What many parents never think of and should be on alert for is the risk of suffocation by your child under too tight a Halloween mask with spaces too small for proper and safe breathing. This risk can be even greater when children running with their friends up and down steps, doorway to doorway, exert themselves and the body has a greater need for oxygen.

Recently Target recalled thousands of frog theme Halloween masks citing just a suffocation risk. The U.S. Consumer Product Safety Commission issued a recall for children’s frog masks imported by Target Corporation citing that the plush frog mask lacked proper ventilation when secured in place across a child’s face presenting a suffocation hazard. Thankfully no injuries were reported at the time of the recall. The mask was manufactured in China and sold at Target stores nationwide from August 20 to September 2011 for approximately $1.00. Consumers have been advised to take the masks and return them to Target for a full refund.

I have read other blogs stating that you “get what you pay for". However as an experienced product liability attorney who has handled many dangerous and defective toy cases where children have choked or suffocated due to a loose part, I believe that safety rather than profitability should always be priority number one and if there is a risk of suffocation or hazard to a child, it doesn’t matter what you pay. The product simply should not be on the market.

If you have one of these masks, it is probably best to simply throw it out to avoid your child accidentally putting it on as chance favors the prepared mind. The experienced Pennsylvania child injury and defective toy and product liability law firm of Reiff and Bily have been steadfast consumer stalwarts for product safety for over three decades and always offer a free, no obligation consultation to victim’s and their families of those catastrophically injured or wrongfully killed due to the negligence of others or product liability defectively designed or defectively manufactured products.

For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As strange as it seems, surgery performed on the wrong side of a patient’s body is more common than one would think. In fact, due to a recent publication resulting from Freedom of Information requests, many more revelations of surgery performed on the wrong side of the body are being publicly acknowledged. While it is unquestionable that mistakes may occur during medical procedures, there simply is no excuse for wrong site surgeries. Simply stated, wrong site surgeries are always the result of carelessness, poor pre-operative planning, and an obvious lack of institutional control.

As an experienced Philadelphia medical malpractice attorney whose law firm has successfully litigated wrong site surgery cases for over three decades, we consider this medical error to be the most outrageous type of insult to the patient due to the fact that it forever changes the patient’s life with irreversible injuries and is so easily prevented.
Surprisingly the reporting of wrong site surgery is not mandatory in most states.

Recently when I went in for a minor surgical procedure on my elbow, I met with a doctor briefly after an IV sedative had been introduced prior to entering the operating room. The doctor asked me what I was there for and I asked told him “Why don’t you tell me?" attempting to have him acknowledge the site of the surgery so that I could confirm the same. Obviously at this stage of the game, even I was in an intoxicated state and under the influence of a sedative. Wrong site surgeries account for almost 15% of all reported medical mistakes and in many of the wrong site surgery cases we have investigated and litigated, many of the defendants, doctors, and nurses point the finger at each other without immediately acknowledging a mistake or properly assuming responsibility.

If you or a loved one has been a victim of wrong site surgery, why not put a team of experienced wrong site surgery and medical malpractice lawyers to work for you. Of course, we always offer a free, no obligation consultation. Recently, the accomplished Philadelphia medical malpractice firm of Reiff and Bily have joined forces with the legendary medical malpractice team of the Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded billions of dollars since the mid-1950's. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For over thirty years, I have worked closely with the medical community in my capacity as a lawyer investigating and litigating cases involving closed head traumas and mild to severe brain injuries, as well as intracranial hemorrhages. Many times individuals who do not possess proper medical insurance do not receive adequate or proper screening after an accident or violent impact to their head. Left untreated, a mild TBI or intracranial hemorrhage can have a considerable impact in the reduction of one’s quality of life and can many times lead to death if improperly diagnosed.

Studies and statistics have indicated that African-American and Hispanic children are less likely than Caucasian children to receive cranial CT scans in emergency departments following minor head trauma according to a study presented at the 2011 American Academy of Pediatrics national conference. Many physicians that I have discussed this situation with claim that those who sustain a minor head trauma “are probably at low risk anyway" for a clinically important brain injury. However, one’s socioeconomic status or lack of insurance or ignorance of the insurance and billing systems should not stand in the way of a proper diagnosis and the safe practice of medicine. Many times an impact to the head is the result of a car accident, product defect, or other type of negligence, and third party’s and third party insurance companies may be responsible for medical bills and resulting financial, emotional, and payment of medical bills. Simply stated, I have noted that many individuals contact our office with symptoms of traumatic brain injury and closed head trauma and have not received proper medical treatment because they were afraid that they would be responsible for paying the bills and did not have adequate personal medical insurance. In fact, many hospitals and physicians will not treat these people unless there is a letter of protection from a lawyer representing them or the lawyer’s office has done the ground work to secure funding for the diagnostic testing. What we do know is that individuals with a moderate or severe traumatic brain injury have a much lower health-related quality of life at times compared to others. It is important to immediately diagnose and effectively treat a brain injury.

Continue reading "Why Is It That Mild Traumatic Brain Injuries and Intracranial Hemorrhages Are Not So Readily Diagnosed. Is It A Patient Or Medical Issue?" »

How many times have you been driving down the highway and seen treads, shredded tires, or torn pieces of tires sitting on the side of the road on the shoulder. The sale of used tires and retreaded tires is booming. While a significant number of vehicle crashes are caused as a result of tire failures, and even though the purchaser believed they were getting safe tires based upon the visual conditions, many times the bargain leads to a catastrophic accident. Many times tires possess defects that cannot be easily detected visually. Oxidation or micro-cracks in tires can lead to a catastrophic tread or belt separation. However, unfortunately, the age of a tire does not prevent it from being sold at a cheap price on the used tire market or the retread market.

We recently successfully resolved a case where a tire experienced a belt separation causing the vehicle to lose control. The tire manufacturer claimed there was no defect on the tire. Most times, the tire installer or customer does not possess the ability to spot loose cords or belt separation in a tire, and unfortunately used tires are not subject to any federal standards. The road fitness of a tire is governed only under state tread depth laws.

Every year thousands of people will die and even more will be catastrophically injured due to the use of defective retread tires on vehicles. Environmentalists claim that retreading tires saves huge amounts of natural resources as opposed to replacing worn tires. However, safety should always take priority over profitability. Simply put, retread tires are second hand tires that have just been recoated with a tread veneer creating a potentially volatile situation.

Continue reading "A Tire Tread Separation Often Results In Lose Of Control Of A Vehicle With Tragic Consequences" »

Over the years, as an experienced catastrophic accident attorney , I have represented a number of clients who were injured at a gym, or on a ski slope and the business owner or operator attempted to deny coverage or liability due to an exculpatory clause in the contract, membership agreement, or lift ticket that stated that the facility waived any liability in the event of an accident.

Pennsylvania law provides that an exculpatory clause or a clause waiving liability is valid if it does not violate any policy of the law, the contract is between persons relating entirely to their own affairs and each party is a “free bargaining agent", and is not in effect a contract or adhesion whereby one party simply adheres to a document which is powerless to alter having no alternative than to reject the transaction entirely. Even if a clause in a contract is determined to be exculpatory, the Supreme Court has established standards that must be met before it will relieve one from liability that the law would otherwise impose.

1) It must be strictly construed since it is not favorite of the law.

2) It must spell out the contention of the parties the greatest particularity so as to show an intent to release from liability beyond a reasonable doubt by express stipulation, no inference from words or general import can establish it.

3) It must be construed against the parties seeking immunity.

4) The burden to establish immunity is upon the party who asserts it.

Obviously if you or a loved one has suffered a catastrophic injury or wrongful death at a business entity, property or recreational facility of another, a clause attempting to limit or extinguish their liability may not necessarily release the offending party from their responsibility for injuries and accidents. Many individuals and lawyers pay heed to the chilling effect of these clauses and do not understand that such communication must be understandable without ambiguity or deception and may often call for the involvement of an experienced catastrophic injury or wrongful death lawyer.

For over three decades, the experienced Pennsylvania personal injury and Philadelphia premise liability lawyers of Reiff & Bily have successfully tackled some of the nation’s toughest defendants and largest corporations on a no recovery, no fee basis representing the interests of consumers. We believe that safety and not profitability should be priority one, and our skilled catastrophic injury attorneys have a successful track record holding wrongdoers accountable. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

If you watch television or listen to the radio, there will be many advertisements boasting of successful outcomes with the newest fad diet. Many of us have tried these diets and bounced from one to the other only to recognize that you should not believe everything you read or hear. The truth of the matter is that the selection of the proper diet for oneself, like the selection of a lawyer, requires careful research and discipline. As I watch TV, I see many ads from lawyers, many who are even out of state, promising to recover “tons of money" and fight hard. Yet many of these people have never personally handled a case or litigated a case and are mostly engaged in marketing opportunities where the case could possibly be referred to another law firm for a percentage of the fee (known as a referral fee) or given to younger and inexperienced lawyers in their firm.

Choosing a lawyer, unlike choosing a diet, may be one of the most important decisions that a catastrophically injured person or the family or an injured or wrongfully killed person may make in their lifetime. Many victims who are catastrophically injured will sustain immeasurable economic, financial difficulties and loss, costs of medical rehabilitation, as well as emotional loss. Obviously this is where the experience of your lawyer counts. You should be careful in your selection of a lawyer to represent your all important legal interests making sure that he or she is actually in your state, that he or she will actually participate in the investigation or prosecution of your case, and that he or she will be available to answer your questions or concerns 24/7. Don’t be afraid to ask the lawyer how many cases like yours he and his law firm have handled, and inquire into the attorney’s disciplinary history and whether or not he had ever been sanctioned or received discipline. It is also not a bad idea to check independent and valid rating systems. Is your lawyer a Super Lawyer? Has your lawyer been highly ranked by Avvo? Has your lawyer been ranked independently by Martindale Hubbell with the highest possible ratings? Do you feel comfortable with your lawyer and his staff? Is this lawyer someone I can trust? Can you relate, is this someone you feel has the heart, soul, and mental capacity to successfully prosecute your claim? What does your “gut" tell you. Can he or she be trusted? Ask for references. Has your lawyer achieved a preeminent rating or been selected as one of the top attorneys in the state? Unlike a diet which people will quickly give up on or change after not seeing the promised results. When you select a lawyer, it is not so easy to change. Do your homework and research in the beginning before engaging in one of the most important journeys of your lifetime.

The past is often a great predictor of the future. Many times by carefully investigating and gathering evidence of other similar instances involving a product defect, manufacturing defect, or design defect, which results in a catastrophic injury or wrongful death an experienced and skilled product liability attorney will be able use this as the best weapon in the arsenal when taking on manufacturers who claim that the accident was a freak occurrence or unique situation.

The skilled and experienced auto liability defect lawyers of Reiff & Bily have worked with lawyers across the United States for over three decades sharing documents, discovery, as well as evidence of other similar instances. We have developed an extraordinary national network of talented counsel, investigators, and experts who have been involved in similar cases and take a team approach to resolving auto product liability cases that involve seat back defects, seat belt defects, tire failures, SUV rollovers, crashworthiness, airbag defects, and roof crush. Several times a year, we meet as a group of lawyers working on similar cases to brainstorm and discuss issues and concerns with particular vehicle manufacturers, as well as current trial strategies that have been successful. Obviously there are many common product design and manufacturing failures and information is the greatest commodity.

While gathering OSI or other similar instances in a product liability case may be difficult for a “lone wolf" attorney, the experienced product liability and auto defect lawyers of Reiff & Bily work with teams of investigators, experts, and experienced lawyers throughout the United States and possess the experience, knowledge, and documents to fight against some of the world’s largest manufacturers. We continue to practice law representing catastrophically injured victims and those wrongfully killed with a motto that adversity causes some men to break and others to break records. We have a passion for justice.

Reiff & Bily is a catastrophic injury and wrongful death law firm based in Pennsylvania with emphasis on product liability and automotive defect claims. The lawyers of Reiff & Bily have recently 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 at 1-800-421-9595 or online at www.reiffandbily.com.

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.

I received a call from an acquaintance whose elderly mother sustained a fractured hip and rapidly went into a severe physical and emotional decline requiring permanent assisted care and nursing support as a result of a slip and fall accident at a supermarket. The slip and fall took place at a retail store, and unfortunately, more than six months passed before the victim who has now entered a state of dementia as a result of the injuries, decided to contact a lawyer. A preliminary investigation revealed that surveillance films no longer existed, and it was impossible to secure independent witnesses or the identity of parties that caused the accident. In fact, it became extraordinarily difficult to even begin the basics of a proper accident reconstruction.

There is an important lesson to be learned here. When a victim’s life has been seriously altered due to a serious slip and fall or premise liability accident, it is important to immediately consult a serious premises liability and slip and fall injury lawyer who has a reputation for honesty and excellence that can honestly provide answers to questions. The proper preparation of a slip and fall or premise liability case requires immediate attention by experienced investigators, attorneys, and perhaps engineers. Premise liability injuries that occur on another’s person property often cause some of the most devastating injuries. Slip and fall or premise liability accidents are hard fought by insurance companies as they involve complex and difficult statements of facts and quirks in the law. Every case is unique with facts that must be applied to fact specific laws, and therefore, it is important to act immediately to get an independent evaluation by an experienced premise liability and slip and fall lawyer if you wish to properly protect your legal interests.

The experienced Philadelphia premise liability and slip and fall lawyers of Reiff & Bily have over 30 years of experience on their side and have had many multi-million dollar slip and fall and premise liability recoveries on behalf of their clients. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently a jury awarded $826,000 to a 60-year old woman who tripped and fell over a broken section of curb that she did not see due to the failure of a flood light which did not illuminate the area of the fall. The fall victim sued the apartment complex alleging that a broken curb and non-operational floodlight created hazards on the premise and that the defendant failed to properly maintain the premises and repair the broken curb and light. There was no claim made for future medical expenses or lost earnings. The defense made an argument that the victim should have been able to see the curb defect without an existing light and that she tripped and fell on her own due to the fact that she was wearing high heeled shoes and her dog had twisted their leashes around her legs.

Slip and fall cases are always vigorously defended. The owner and occupiers of the land or premise where the slip and fall accident occurs have different degrees of responsibility to victims according to the status of the person who was injured. Slip and fall victims are classified as invitees, licensees, or trespassers. Slip and fall injuries that occur on another person’s property are very common and often result in serious or catastrophic injuries and many times in cases of the elderly with a broken hip can lead to life threatening situations.

The experienced Philadelphia slip and fall and premise liability lawyers of Reiff & Bily have recovered millions of dollars in settlement 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.

Another hayride amusement attraction went awry when six people were injured, one critically, during an accident involving a horse drawn trailer occurred. According to news sources, a woman was critically injured and trampled when horses pulling the carriage were spooked during a farm hayride. The woman identified as Joan Perkins threw herself in front of the horses in order to save a group of people and remains in critical condition as a result of her injures.

The experienced hayride accident and defective trailer lawyers of Reiff & Bily wish the victims a speedy and healthy recovery.

For over three decades, the amusement accident and hayride accident lawyers of Reiff & Bily have been representing catastrophically injured victims and their families. For a free, no obligation consultation, contact us toll free at 800-421-9595 or online at www.reiffandbily.com.

As an experienced aviation accident lawyer who has been investigated plane crash and commercial airline accidents for more then three decades I am shocked at the fact that commercial airlines have developed a class system where only members of an airline’s executive club could learn techniques to increase their chances of surviving a plane crash. Who would have thought that the airline would charge 125 British pounds per person to enroll in the course. It is my understanding according to news sources that the course will cover basics such as practicing releasing the seat belt and checking the location of life jackets and includes a simulation of emergency evacuation down an escape slide. I wonder what’s next – club members who get a priority exit from a downed aircraft in the event of a crash?

Safety must never be an option.

More and more businesses and health services are supplying medication offering injections or diagnosing and treating patients with doctors who really are not medical doctors but rather nurses with Ph.D.’s. Often these Ph.D. “doctors" are paid less than medical doctors. While there is no doubt that there are advanced practice nurses with Ph.D.’s that have excellent and fine medical skills, this is not always explained to individuals who seek medical advice or treatment and assume that the same is being provided by a medical doctor. Many clinics have nurse Ph.D.’s who are identified as doctors performing medical exams, and as an experienced Philadelphia medical malpractice attorney for over thirty years, I predict that this is something that will become more and more common in a tightened economy and as big business has a greater role in providing healthcare.

Interestingly enough, researchers show that the new Ph.D. degrees maintained by nurses who call themselves doctors have not brought higher fees to these mostly lesser paid providers from insurers from seeing patients. Certainly and understandably one can understand the frustration from physicians with medical degrees who have spent years of intensive study only to have confusion over the use of the term doctor and services performed by someone using the term doctor.

As an experienced Pennsylvania medical malpractice attorney who has been intimately involved in claims of malpractice against the healthcare industry for over three decades, I believe that clear communications must be made to the consumer about the correct educational background and medical degree of the “doctor" administering the services and that legislators ought to be more involved in defining the roles of these healthcare providers.

If you or a loved one has been injured as the result of medical malpractice, contact one of our experienced Philadelphia medical malpractice lawyers for a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

On Wednesday, October 5, 2011, a highway worker was fatally electrocuted when he struck a power line while mowing a roadway at the seashore. Some of the most devastating and catastrophic injuries and deaths occur to workers as a result of coming into contact with an electrical source causing an electrocution. The second leading cause of death for construction workers, just behind slip and falls, is electrocution. Thousands of people will be catastrophically injured every year and over a thousand people will die by an electricity related accident caused by coming into contact with power lines or a source of electricity that can render a shock large enough to stop their hearts. While the majority of severe electrical shock accidents and electrocutions occur at a workplace, they also often take place in one’s home or the residential property of another while using a defective product, coming into contact with wires that are poorly insulated or exposed, and improperly grounded. Many consumer appliances such as hair dryers, power tools, blenders, and coffee makers have been recalled for posing serious electrical shock and electrocution hazards. Although one would think that an electrocution while working in the garden is a “freak" occurrence, many properties have electrical cables buried in the ground and special care must be taken when gardening or doing construction to avoid coming into contact with this source of electricity.

Our hearts and prayers go out to the family of this electrocution victim and it is strongly suggested that his family seek the services of an experienced electrocution attorney to properly and independently investigate this situation.

I was recently contacted by a client who was dancing at a wedding party and slipped on a puddle of liquid that had spilled on the dance floor and broke her leg.

As I have been handling slip and fall accident and premise liability cases for over 30 years, this was not the first time that I had been confronted with such a case scenario. The law of Pennsylvania states that the possessor or operator of land who holds it open to the public for business purposes is subject to liability to members of the public while they are upon the land for such a purpose or physical harm caused by the accidental negligence or intention harmful acts of third persons or the failure of the possessor to exercise reasonable care to discover such acts are being done or likely to be done or give adequate warning to enable visitors to avoid the harm or otherwise protect them against harm. It can be reasonably anticipated that anyone going to a resort, catering hall, hotel, restaurant, or place of wedding or party function would have a reasonable expectation that the operator or owner who invites those individuals there may reasonably expect that all those visiting may not behave in a proper and responsible fashion and therefore bears responsibility for injury that follows the absence of reasonable precaution against the common expectation. Taking this into account, our experienced Philadelphia slip and fall law firm has been successful in these cases in the past making the argument that the operator must exercise reasonable care to prevent liquids in areas where dancing activity is taking place or in high traffic areas and bears responsibility to take reasonable precautions to maintain and inspect the premises.

The Philadelphia slip and fall and premise liability lawyers of Reiff & Bily always offer a free, no obligation consultation to those who sustain serious injuries as a result of falling or slipping on the premise of another. Our skilled and experienced Philadelphia slip and fall lawyers have recovered hundreds of millions of dollars representing the interests of catastrophically injured victims and their families. We always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

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" »

Since 1979, I have represented many individuals who have been attacked or mauled by dogs in Pennsylvania. Sadly many of the dog bite victims represented by the experienced Pennsylvania dog bite lawyers of Reiff & Bily are children who are left with permanent reminders in the form of physical disfigurement and scars, as well as broken bones. Many times reconstructive surgery is required and the victim is left with lifetime impediment reminders of the dog bite accident.

I receive calls from other attorneys handling dog bite cases who believe that a dog gets one free bite before the owner can be held liable for a dog attack. This is simply not true. Recent legislative amendments and Superior Court findings enable a jury to consider whether the first attack is enough to establish liability regarding whether a dog has a violent propensity or tendency to attack a human being. The Courts of the Commonwealth of Pennsylvania have held that owners must take all necessary steps to secure dogs and keep them from harming others and further note that a landlord who knows of the presence of a dangerous animal may be held liable for injuries caused by the attack of a tenant’s dog.

In a case one of our experienced philadelphia dog bite lawyers is currently handling, renters had made numerous complaints to the landlord of a premise about the existence of a dangerous dog who had attacked others. The landlord repeatedly failed, refused, and neglected to take any action or have the dog removed and subsequent thereto our client, a beautiful young model, was attacked and left with permanent scars which will drastically affect her ability to earn a living, not to mention the psychological trauma and permanent scarring coupled with medical expenses for reconstruction and rehabilitation.

Not all lawyers are equal when it comes to handling dog bite cases, and the experienced Pennsylvania dog bite lawyers of Reiff & Bily have over three decades of experience on their side handling some of the most challenging scar and dog bite cases. We always offer a free, no obligation consultation. Recently our skilled catastrophic scar injury and dog bite lawyers have joined forces with the legendary Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded over $2 billion dollars since the mid-1950's. For more information contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

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" »

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.

The Social Security and Supplemental Income Disability Programs are federal programs providing assistance to people with disabilities. Many times our clients sustain catastrophic injuries and are not able to work. The Social Security Administration has strict definitions of disability and an unskilled victim without legal assistance has a greater chance of being denied benefits if they are not represented by an experienced disability attorney skilled in handling social security disability cases. Of course, anyone can file for social security disability. However winning is not so easy unless you have the experience and understand the pitfalls and mistakes that can be made in the claim filing process.

Most experienced disability and social security disability lawyers will not charge a fee unless there is a successful recovery of benefits, and in fact, most times the fee is a minimal amount not exceeding 25% of whatever the total back payment a claimant receives. It never makes good sense to go to a social security disability hearing unrepresented by skilled and experienced social security disability attorneys.

If you believe that you may be entitled to social security disability, please contact one of the catastrophic injury, wrongful death, and disability recovery lawyers of Reiff & Bily for a free, no obligation consultation at 1800-421-9595, or online at www.reiffandbily.com.

Over the last 30 years the hayride accident law firm of Reiff & Bily has successfully represented victims of amusement park accidents and those that occur at carnivals and seasonal hayrides. Recently an amusement ride operator was jailed on charges that he was drunk and urinated in the sight of riders while operating such a ride at a Pennsylvania farm show. The amusement operator was charged with reckless endangerment, open lewdness, and public drunkenness. In another case in which our amusement accident and hayride injury law firm was involved, we represented the family of a victim who was run over by a tractor trailer hayride at a suburban Philadelphia farm during a school event. The background investigation of the tractor operator noted that he had less than a stellar history and was in fact was not even a licensed driver, yet he was entrusted to drive and operate a ride that would carry thousands of children throughout the amusement season.

In Pennsylvania, an amusement ride is legally described as any mechanical device or combination devices including electrical equipment which is the integral part of a device or devices which carry passengers along for the primary purpose of giving passengers amusement pleasure, thrills, or excitement. The same includes any tram, open car, combination of open car or wagons pulled by a tractor or motorized device which may not be licensed by the Secretary of State, and the operator of the same is defined as one who has a duty to control the operation of the amusement ride or attraction at a carnival or fair and any person who operates an amusement ride or amusement attraction at a carnival or fair must obtain a permit for the same. The operator of such amusement attractions or rides is obligated to perform a criminal history and perform a check of the national sex offender public registry at the time they are hired and annually thereafter if they are in continued employment. Unfortunately individuals who are under the age of 17 are exempt from criminal history background checks. Unfortunately, we have found some amusement parks, carnivals, or hayride operations keep shoddy records, fail to check for substance abuse, evidence of required criminal history, or sex offense information, and in fact, hire drivers of motor vehicles that are non-licensed.

The purpose of the carnival and amusement ride safety act obviously is self explanatory. If an amusement operator fails to pay heed to these requirements, taking shortcuts and placing profitability over safety, and if an accident happens, they can be held legally responsible for resulting financial and emotional injuries that may be sustained by catastrophically injured victims and their families or those who are wrongfully killed due to their negligence.

Since 1979, the experienced Philadelphia carnival, amusement lawyers, and hayride accident attorneys of Reiff & Bily have successfully represented victims and their families and those who have been catastrophically injured or wrongfully killed due to the negligence of others, defective products, or defective maintenance, or improper hiring procedures. 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.

To date there have been Eleven deaths reported as a result of a plane crash at the Reno Air Races in Reno Nevada on September 16, 2011. At this time the death toll is still uncertain as medical professionals are still conducting DNA testing on unidentifiable bodies. As the number of dead seems to increase everyday, a person has to wonder: how safe are air shows?

The cause of the crash is still undetermined. What is known is the plane that crashed, was a post World-War II P-51D Mustang, that had been heavily modified in an attempt to make it the fastest of its type in the world. The mother of one of the deceased told ABC News her son was there because he “loved planes" and “that’s why most people go to these things." No one ever expects that a professional pilot will loose control of a plane and crash into the crowd.

The Reno plane crash is highly publicized because of the high death toll and the numerous spectators hospitalized with catastrophic injuries. Sadly, the day after the Reno air show crash, another plane, a T-28 war bird crashed at the Blue Ridge Air Show in Virginia. Luckily for spectators the T-28 warbird crashed far enough from the crowd that none of the onlookers were injured, however, the pilot was killed in the plane crash. These two incidents are not isolated events. There have been eleven air show accidents in 2011 alone. Unfortunately, most of these accidents resulted in at least one death.

Modified planes may be one of the reasons for the large number of accidents at air shows. Pilots who fly at these events make changes to the engines and bodies of the planes in order to excite the spectators. While these changes may be in violation of Federal Aviation Administration (F.A.A.) Regulations, and the experienced pilots are professional pilots, they are not professional engineers.

Regardless of the recent string of Air Show plane crash accidents, Embry Riddle Aeronautical University intends to hold the Wings and Waves Air Show in October of next year. The university had shut down the show for the past seven years. University officials assure air show spectators that “safety is [their] mantra" while further saying “until you know what caused things, its hard to draw a lesson from it." Perhaps more effort should be placed into finding out why air show accidents keep occurring.

The experienced Philadelphia air show accident and aviation accident lawyers of Reiff & Bily along with the attorneys of The Beasley Reiff Law Group understand the complex process involved with investigating air show accidents. Our in house team of experienced aviation accident and air show accident lawyers include professional pilots as well as established relationships with top aviation crash experts. The aviation accident attorneys at Beasley Reiff Law Group know that proving the cause of an airplane crash can be difficult and that a tragic and unexpected accident can change your life. If you, or a loved one, have been injured at an air show accident contact the accidental injury attorneys at the Beasley Reiff Law Group at 1.800.588.0130 or at www.reiffandbily.com for a free consultation.

Imagine this scenario, you are visiting a friend or acquaintance’s home or a business and due to a defect, you fall down the steps. Even worse imagine it is your elderly parent who slips and falls down the stairs and suffers a serious injury.

Every year hundreds of thousands of people slip and fall down stairways due to worn out carpets, stairway design defects, slippery surfaces, improper height, or another problem creating a dangerous surface area that any reasonable person taking care of the property would have discovered, repaired, or removed. Many people run up and down stairways without a thought of an accident happening. However, a defective stair or stairway design can lead to catastrophic injuries such as spinal cord injuries, paraplegia, quadriplegia, broken bones, internal injuries, or a devastating hip fracture in elderly people which often leads to a premature death.

Many times these slip and fall accidents could have been prevented by the simple exercise of reasonable care or correction of the defect by the property owner or operator. Often steps and handrails are non-compliant with codes which means that property owner or operator can be held financially responsible for resulting injuries. When a fall down occurs to an elderly person, it ultimately often results in death.

The premise liabilityand stairway fall accident lawyers of Reiff & Bily have a successful track record representing individuals who have been catastrophically injuredand unfortunately wrongfully killed due to falls down stairways, or slip and fall accidents on another’s premises due to design defect or failure to maintain the property in a prudent manner. Our skilled Philadelphia slip and fall accident and premise liability lawyers have recovered millions of dollars on behalf of catastrophically injured victims and their families. If you or a loved one has sustained a fall on the property of another, or has fallen on a stairway of another, please contact one of our experienced slip and fall accident and stairway defect lawyers for a free, no obligation consultation. Recently the law firm of Reiff & Bily has joined forces with the legendary Beasley Firm and together our attorneys have been awarded billions of dollars since 1957 representing the interests of thousands of catastrophically injured victims and their families. 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.

As an experienced serious injury lawyer and wrongful death lawyer for over three and a half decades who has handled many significant and high profile cases, a factor that cannot be ignored in the thorough preparation of a case is what happens when individuals express biased views or attack you client on social media or public internet forums.

Recently, our firm was retained to represent the interests of a family who lost their daughter in a high profile accident. When the news of our law firm’s engagement was published in various newspapers, the client, the client’s family, and our law firm were attacked. Immediately without knowing many of the factors behind the accident, the cause of the accident was squarely placed on the victim and the lawyers were attacked as being money hungry greedy individuals stating falsehoods based upon facts that bore no reality to the actual factors surrounding this catastrophic accident.

I recently has the opportunity to discuss this tragic incident at a football game with a stranger who told me he was aware of the accident but based upon his reviews of onsite social network accounts, he clearly was convinced that the accident in question was the victim’s fault. As I reviewed many social forums and online posts, I could understand how one could easily reach this conclusion. However, after I carefully explained the true and accurate facts to this individual, he was surprised and quickly reversed his original, unsupportable position and opinion.

While social media has a valuable aspect to it, it also presents a challenge to lawyers and their clients who must overcome the intoxication of bias by forces of opposition. Unfortunately despite the best efforts to explain the truth, an ignorant critic or consumer can post relentless and unforgiving attacks on victims and their families when they are at their lowest point without any rights, responsibility, or retribution.

Unfortunately, the reality is that many who talk or post the most on social networks have the least to say and after 30 years of successfully representing victims and their families, I have learned that nothing is what it seems at first. If the truth doesn’t save us from the inequities and injustice of the world then what does it say about all of us?

Jeffrey M. Reiff is a catastrophic injury and wrongful death attorney with the law firm of Reiff & Bily who has successfully represented victims and their families as a result of catastrophic injuries and wrongful deaths sustained by the negligence of others and the use of defectively designed and maintained products since 1979. Reiff & Bily always offers a free, no obligation confidential consultation to those seeking unbiased and honest opinions about the merits of a legal claim. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com

When a catastrophic accident occurs, helicopter evacuation is often used to save lives. However, last year a record number of people died aboard helicopter medical evacuation aircraft.

In 2009, there was twice as many deaths as any other year and the accidents happened not only in bad weather but in good weather as well. Our office was recently contacted by an individual who was previously employed by a helicopter medical evacuation service where an investigation was commenced by the FAA and found numerous safety violations with one of the aircraft deemed unworthy and unsafe for flying. It is alleged that one of the Directors and mechanics is under investigation by the FAA and allegedly facing potential criminal charges.

As Pennsylvania catastrophic injury lawyers, we are familiar with heli-vac EMS programs and our lawyers have also litigated product liability and aviation disasters for many decades. I am somewhat concerned due to the fact that this industry has been slow to improve itself in the maintenance and safety arena and many operating shortcuts are being taken in the hopes of improving profitability and the bottom line. There are approximately 850 to 1,000 EMS helicopters operated in the U.S. privately and no doubt is a lucrative business as I have had many opportunities to review the bills and even pay the same on behalf of injured clients. A typical flight can cost in the arena of about $10,000 and each year approximately 500,000 people fly on EMS helicopters. Many pilots claim that the industry is “frustrated" that their emergency helicopters keep crashing killing people that they are trying to save as while operators and owners were advised continue to stress profitability above safety. Until the government mandates safety regulations with teeth, this is sure to be an area of growing concern. Nothing could be worse for the family of a catastrophic accident victim to learn of the death of a family member while being transported on a medi-vac helicopter that was designed to save their life.

Transportation and pilot experts claim that the FAA may not be moving as quickly as necessary and that this is an ever growing problematic situation. As emergency rooms in rural areas close down or are ill equipped to handle a catastrophic case, medivac use will be more and more common and safety should never be an option. The skilled catastrophic lawyers of Reiff & Bily have recently joined forces with the legendary Beasley Firm to create the Beasley Reiff Law Group. Together we have been awarded over $2 billion dollars in settlements, verdicts, and awards since 1958. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Negligence or the use of a defective product on a work site around electrical components often results in serious consequences including but not limited to heart attacks, muscle and tissue destruction, burns, and unfortunately wrongful death.

Over the past weekend, two separate workers were killed in separate electrical-related accidents. One gentleman, 35-years old, died while installing cables at a camp for oil and gas workers and another individual was killed while working on a power transmission project. With the deluge of rain and water caused by Hurricane Irene and other abnormally huge weather moisture systems, power lines have been downed leading to injuries and deaths by workers and other innocent citizens who have come into contact with high voltage lines. In one case, a victim was killed by electrocution when he stepped out of his home and touched a railing that had been impacted with a high voltage line. If you are in the vicinity of a downed power line, do not take any chances as there is an extreme risk of electrocution injuries or death.

I live in a wooded area and numerous power lines seem to be tangled or down due to sustained gusty winds, fallen trees, and heavy rainfall. As I traveled into upstate Pennsylvania on a case last week, I saw more low hanging electrical wires than ever. It is important for parents to keep children and pets away from these wires and to always assume that they are live and energized.

If you or a loved one has suffered an electric shock injury or death, it is important to contact an experienced electrocution attorney who will immediately commence a proper investigation and assist you or your loved ones through the emotional, financial, and legal issues that may arise.

For over three and a half decades, the consumer product and safety and electrocution attorneys of Reiff & Bily have successfully represented generations of Philadelphians and Pennsylvanians who have sustained wrongful death or catastrophic injuries due to the negligence of others or use of defective products. As always, we offer a free, no obligation consultation. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For over three decades my partners, associates, and I have investigated and litigated many claims against manufacturers of defective products. A defective product usually involves a design defect, manufacturing defect, or marketing defect. The law holds manufacturers, sellers, and distributors of products responsible for products that pose a danger to users or consumers as a result of a design or manufacturing defect.

Unfortunately many product defect legal cases involve allegations of fraud or unfair business practices and many manufacturers of defective products that cause catastrophic disfiguring injuries or wrongful death will go to great lengths to conceal the cause of an injury or death despite the fact that they knew for decades about root causes of a problem. Many large corporations employ systematic and exact strategies that are carefully hidden from public eye until a skilled and experienced product liability lawyers carefully investigate and dissect these claims based upon a catastrophic injury or wrongful death.

In many of our product liability legal cases, we have reviewed confidential intra and inter-company communications clearly revealing coverups and on many occasions whistleblower employees have come forward with knowledge of evidence concealment involving the manufacturer. Taking on major corporations for product defects litigation requires legal skill and experience that often takes decades to develop. Product liability litigation matters are generally intellectually challenging and complex.

Since 1979 the experienced Pennsylvania product liability attorneys of Reiff & Bily have been researching and litigating numerous product defect and design cases with great success. Recently our skilled product liability trial lawyers have joined forces with the legendary product liability lawyers of the Beasley Firm to create the Beasley Reiff Law Group. Together our job is to determine who is responsible for placing victims and their families in an unforeseen and unimaginable position when tragedy strikes. We believe that manufacturers must be held accountable for product defects and the lack of concern for consumer safety and always believe that safety should never be an option and always trumps profitability.

Since 1957, the combined forces of our lawyers have recovered over $2 billion dollars. We always offer a free, no obligation consultation to those injured as a result of a defective product. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.