Philadelphia Injury Attorney Blog

For over 33 years, I have received phone calls from clients who are not satisfied with their lawyers and I have received cases referred from other lawyers who were afraid and not equipped to properly bankroll a case.

Frequently, I am told by clients seeking a second opinion or referral lawyers that the defense has presented a witness whose testimony comes close to annihilating the plaintiff’s case. After successfully litigating thousands of personal injury and product liability claims, we are well aware that for the uninitiated lawyer or client, a trial can be a confusing mix of medical exams and technical experts all battling it out with what they claim is the “truth”.

Many times, defense experts may just be nothing more than “painted ladies” who have failed in their profession or if they were successful in their profession, looking for a way to make more income with less stress and work. In fact, there are some experts that I have initially consulted who told me my case was great even though they did not thoroughly vet the same. We have a standing joke about one expert who we claim never saw a case he did not like. This expert clearly placed his high fees required for an evaluation and testimony above his belief in integrity. Needless to say, we do use him.

Continue reading "Is Your Lawyer Afraid to Spend Money on Your Case or Trying to Get You to Take Less than Your Case is Worth?" »

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.

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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.