Philadelphia Injury Attorney Blog

Recently traumatic brain injury has been in the news as it applies to athletes, most notably football players, as well as more concentrated focus on efforts by the United States government as indicated in a press release from the White House on January 11, 2012. In the White House press release, First Lady Michele Obama announced a major coordinated effort by America’s academic institutions to address and combat PTSD and traumatic brain injury. The White House announced a commitment to an initiative of the Association of American Medical Colleges and the American Association of Colleges of Osteopathic Medicine to leverage missions in education, research, and clinical care to meet unique health care needs in military and veterans communities which involves PTSD (post-traumatic stress disorder) and TBI (traumatic brain injury).

Diagnosis and treatment of PTSD and traumatic brain injury has long been swept under the carpet and the understandings that arrive from research were not widely distributed. Researchers are now working and developing new major imaging that allows visualization of brain wiring in high definition which could lead to new breakthroughs in the diagnosis of TBI. Many unknowing victims have been diagnosed with TBI, and in the case of professional athletes, many players stated that they would try to hide brain injuries rather than leave the game. Many sports fans and team owners claim if brain injuries are part of the game then at some point there would be no game. Tragic circumstances surrounding the incident in which U.S. Representative Gabrielle Giffords was shot in the head have also significantly increased awareness of traumatic brain injury.

Millions of Americans live with a traumatic brain injury and it is estimated that millions of cases of TBI occur and go unreported each year. Although most of the TBI’s are considered mild, they do have a tremendous cumulative effect on the lives of the victims.

If you have been involved in a serious accident and sustained a blow to your head by virtue of a bus crash, auto accident, motorcycle accident, sporting accident, slip and fall accident, amusement park accident, and notice dizziness, loss of focus, ringing in the ears, imbalance, or sensory deprivation, you should present to an emergency room immediately and contact an experienced TBI professional.

The Philadelphia traumatic brain injury and post-traumatic stress disorder lawyers of Reiff and Bily salute increased government attention focused on TBI and PTSD and understand how the complexities of the issues faced by victims of accidents that suffer from TBI and PTSD. We have over 30 years of experience representing victims who have suffered traumatic brain injury and understand the assistance that is necessary to put TBI victims on the same footing they were prior to the incident that caused this unfortunate diagnosis. We always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Many times a month, I find myself traveling for business and in strange hotel rooms. I am constantly amazed at how designers of hotel rooms and the corporations that manage hotels neglect health and safety concerns when they have an obligation to provide a safe bathroom environment to guests. The health and safety of guests should be the primary concern when designing any bathroom, particularly those at hotels where the well-being of guests is paramount and the surroundings are unfamiliar and unknown to many visiting guests.

While fine hotels often spend money on fine toiletries, many times they fail to provide bathroom safety factors such as grab rails, non-slip tiles, or select bathtubs with slippery versus non-slippery surfaces. Many times hotels do not properly monitor or control temperature fluctuations in showers which can fluctuate in the fraction of a second and cause severe scalding burns.

The Philadelphia premise liability and hotel accident lawyers of Reiff and Bily understand that legislative standards are only minimal standards and that hotels have an obligation to safely protect their guests which should be priority number one.

The premise liability and slip and fall accident law firm of Reiff and Bily is a nationally recognized personal injury law firm that has represented many clients who have sustained serious injuries as a result of slip and falls that occur in hotels. Our Philadelphia premise liability lawyers have helped many clients recover the maximum monetary compensation possible for their slip and fall cases with multiple slip and fall cases resulting in settlements and verdicts in the six and seven figure range. We understand premise liability and slip and fall laws and have been successfully tackling our opponents for over three decades. Call today for a free consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com to receive a free case evaluation from one of our Pennsylvania slip and fall lawyers.

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.

As an experienced automobile defect and car accident attorney for over three decades, I recognize one thing, cars should be designed safely for everyone whether they are adults or children. Unfortunately, when it comes to safety many of the large automobile manufacturers have sacrificed the interests of both children and those individuals that are above or below average sized individuals.

Each year, thousands of children are seriously injured and killed due to poor seat belt fit or improper restraint systems in the vehicle.

Many times child and infant car seats are improperly designed or have manufacturing defects presenting hidden dangers. Children between the ages of 4 and 8 under 80 lbs. are typically less than 48 inches tall and are exposed to a higher risk of catastrophic injury or wrongful death than an adult because adult safety seat belts are designed to protect adults and not children. When a seat belt fails to protect or fit an individual correctly, there is an excellent chance that in a catastrophic accident restrained individuals will sustain a submersion injury, rollover injury, or positioning injury leading to catastrophic injuries such as quadriplegia, paraplegia, or death.

The Pennsylvania automobile defect and product liability lawyers of Reiff and Bily understand that prevention of injuries must always be priority number one rather than profits for automobile manufacturers. Seat belt restraint systems are design issues and defectively designed or manufactured seat belts and seat belt buckles that lead to potential failures, unlatch, false latch, inadvertent latch, and retractor failures create a catastrophically dangerous situation that many people do not learn of until it is just too late.

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.

As an experienced Pennsylvania premise liability lawyer for over three decades, I have investigated and litigated thousands of slip and fall cases that occurred as a result of small changes in elevation, most notably a single step. How many times have you unknowingly tripped or fell on a single step which only represents a small elevation change. Single step elevation changes are common in many new buildings, restaurants, hotels, and museums. In fact, when I was designing my own home, the architect and designer suggested a step down in my center foyer to a family room, and I cannot begin to tell you how many times I have slipped or guests have slipped on the same.

I have witnessed hundreds of slip and fall on single step designs and have come to the conclusion with many experts that the benefits of the same simply do not outweigh the risk. In fact, I have been able to prove that without careful attention given to lighting, floor finishes, railings, floor coverings and ways to assure that pedestrians are fully aware of changes in elevations, a slip and fall accident is more likely than not to occur.

Many of the premises liability slip and fall cases that our Philadelphia slip and fall law firm has handled have involved a substantial impairment to a victim’s life in terms of one’s potential ability to earn, pay medical bills, as well as affecting lifetime physical impairments that impact them in their daily duties and activities. Many people give little thought to surfaces or slight elevations until they slip, trip, or fall. A premise liability or slip and fall case can often be the most difficult case to litigate due to the fact that insurance companies and property owners defend them ruthlessly, almost always blaming the victim.

If you have been involved in a slip and fall accident, the experienced Philadelphia premise liability and slip and fall accident lawyers of Reiff and Bily work with teams of engineers, architects, and property design experts all of who understand state, local, and federal safety codes. Our experienced team of Philadelphia slip and fall premises liability attorneys have made some of our most significant recoveries on behalf of slip and fall victims. We 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.

For the last three decades, I have successfully represented clients who have been injured in slip and fall accidents or have been harmed by falling merchandise, inadequate security, or other dangerous conditions on the premises of another. In most premise liability cases, there are federal, state, or local government codes that have been adopted in furtherance of promoting safety. Codes are only minimal legal standards and are not always the ultimate statement of what is and what is not safe, and in interpreting a code, one must always be liberal to that interpretation which provides the most protection and safety to the public.

While every jurisdiction has a specific choice and combination of various codes, the defense will almost always strongly argue that all codes were met. We often find that many codes are outdated or when strictly applied to a particular case do not further the goals of safety intended by the drafters. There are many safety and standards organization which maintain websites specifying the safety regulations and rules for such topics as floor safety, illumination of premises, uniform building codes, national building codes, Americans with Disabilities Act, or occupational safety and health. These are non-inclusive, and a cursory review of the regulations and codes reveals typical guidelines encountered in a premise liability or slip and fall legal case. Of course, each and every jurisdiction will have their own choice and combination of various codes to apply to each case, and all premise liability and slip and fall cases are uniquely different.

The experienced Pennsylvania premises liability and slip and fall lawyers of Reiff and Bily initially examine the local codes in the venue where a premise liability or slip and fall accident occurred and understand that these minimal legal standards should not be the absolute basis for consideration in determining what is or what is not safe. However, non-compliance with a code is considered to be grounds for negligence per se claim.

If you or a loved one has been involved in a premise liability or slip and fall accident or injured on the property of another, it pays to contact an experienced slip and fall or premise liability attorney who has decades of experience litigating these types of cases. The skilled Pennsylvania premise liability and slip and fall lawyers of Reiff and Bily have achieved numerous settlements or verdicts for a combined excess of hundreds of millions of dollars since 1979 on behalf of injured plaintiffs. Our skilled premise liability lawyers are members of the Beasley Reiff Law Group whose lawyers have collectively been awarded over two billion dollars since 1957. We always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.