March 17, 2010

Another Dangerous Product That Flies In The Air Yet Beneath The Radar And It Might Just Be On top Of Your House And It Has The Potential To Damage And Cause Harm

I my capacity as a Philadelphia product liability lawyer, I am concerned about the safety and design of a roofing product manufactured and sold by GAF-Elk. The system is a Tru Slate 2.0 roof system designed, manufactured, and sold by Elk Corporation and subsequently acquired by GAF. We recently filed a claim in Federal Court against GAF Materials Corp. d/b/a GAF-Elk. We have alleged that a Tru Slate 2.0 roofing system was installed in a coastal home subject to high winds. GAF-Elk advertises that the Tru Slate system was capable of withstanding high winds and stormy conditions. On repeated occasions, a number of the slate tiles became unfastened and blew off causing damage to neighboring properties. The slate tiles became detached and flew through the air in a “frisbee-like” fashion damaging neighboring properties and with the potential to catastrophically injure and even kill others in its path. The company made repeated efforts to remediate the problem, yet the problem still exists and the owner of the property is unable to find anyone in the local area willing to repair the roof due to the complexity of the system and fears of legal liability. When the company was repeatedly advised about the problem and potential for injury, they attempted to initially remediate a fix, but the system continues to fail sending tiles flying through the air. This situation presents a hazard to the innocent public passersby. We believe that this is another example of putting concern for profits ahead of consumer safety.

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If you or a loved one has had a problem with a GAF-Elk Tru Slate Roof System or has been injured by flying shingles or debris or has sustained severe property damage due to defectiveness or alleged defective design of the system, please feel free to contact one of our experienced Philadelphia product liability lawyers for a free consultation and analysis of your case.

March 15, 2010

Experienced Airbag Defect Lawyer Addresses Honda and the Overaggressive Airbag

Problems for Japanese automakers seem to be mounting with the increasing number of recalls in the past few weeks. Toyota has recalled approximately 8 or 9 million vehicles at this point in time, although I am not quite certain due to the fact that every other day there seems to be another recall notice published.

Recently Honda announced a recall of nearly a million vehicles due to defective airbags and overaggressive airbags that have been linked to catastrophic injuries and at least one fatality. Previously Honda announced a recall in 2008 and the summer of 2009 whereupon it was noted that the airbag inflators were producing too much pressure causing airbags to rupture sending dangerous parts towards the driver during an accident. These airbags are manufactured in the United States by a Honda subcontractor.

I recently resolved a case involving an overaggressive and defective airbag which caused blindness in one of my clients. The automobile manufacturer attempted to argue that it was not their fault and that the driver was simply out of position but we were successful countering this argument due to the fact that the driver was belted in the seat and argued that it is foreseeable during an accident that a driver or passenger can be jostled out of position. Frankly, the argument set forth by the automobile manufacturer was in this experienced airbag defect lawyer’s opinion complete nonsense and a red herring attempting to deflect focus from the more significant problem of the overaggressive airbag defect.

If you or a loved one has been involved in an accident caused by an airbag defect, please contact one of our experienced airbag defect lawyers for a free consultation. Don’t believe everything the manufacturers tell you. Our experience has clearly revealed that many of the manufacturers engage in a campaign of deny, delay and defend claims in their continuing effort to place profits over consumer safety.

March 11, 2010

Toyota Dragged Their Feet

As experienced product liability attorneys with over 30 years experience litigating cases against the world’s major automotive manufacturers, we at Reiff and Bily have witnessed first hand the practices used by Toyota and other auto manufacturers to conceal and deny serious design and manufacturing defects in their vehicles, emphasizing profits over consumer safety. Now, after years of foot-dragging, Toyota has finally acknowledged major problems with their vehicles which have placed the drivers in jeopardy many times when they take to the roads.

According to news sources, sudden and unexpected acceleration of Toyota vehicles has killed at least 30 people and seriously injured countless others in the last several years alone. One of our clients was driving on a major highway near Philadelphia when her vehicle suddenly accelerated to over 90 mph and nothing she did was able to slow the vehicle. Her car finally came to a stop when she left the road and drove up a steep embankment. Amazingly, she walked away from this incident with only minor injuries. Others have not been so lucky. In California, 4 people were killed when a new Lexus accelerated to over 100 mph, rolled over, and killed all 4 people in the car. Over 800 other incidents involving sudden, unintended acceleration have been documented in the U.S. alone, while hundreds of similar incidents have killed and injured people around the world. The Problem Is Real!!!

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March 9, 2010

It’s About Time That Toyota And Other Japanese Manufacturers Agree To Provide Black Box Readers To Regulators - Frustrated Auto Product Liability Lawyer Weighs In

As an experienced automotive product liability lawyer, my legal brethren and myself who dedicate their practices to automotive product liability and consumer safety have been all too frustrated many times over the past few years when we attempt to download the black boxes from Toyotas and other Japanese auto manufacturers. More so than any other automakers that we litigate against, many of the Japanese automakers have placed roadblocks in our path in making data from black boxes accessible. Yoshimi Inaba, the President of Toyota North America, told a Senate Committee on Tuesday, March 2nd that the company would be delivering three data readers to the National Highway Safety Administration on Wednesday, March 3rd and that the company hoped to make the data more accessible to other systems by the middle of 2011.

Quite frankly as an experienced product liability lawyer who has had vast experience with the downloading of black boxes and the evaluation of data, I am curious why only three data readers are only being made available and why the consumer public and experts must wait until the middle of 2011 to receive more accessibility when citizens lives are knowingly in danger. Once again, it seems that profitability is being stressed over public safety in this game of hide and seek by Toyota. I have always believed that if you are confronted with a problem or safety issue, get the facts out there as soon as possible so other innocent victims are not killed or catastrophically injured.

I for one believe that Toyota is “hiding something” and for a company that prides itself on integrity, they are certainly not doing a great job putting their cards on the table as surveys now reveal that more than half of the people out there are less likely to buy a Toyota. On the positive side for major U.S. automobile manufacturers, sales are up but many analysts claim its at Toyota’s expense. By the way, it is important to note that the black box recording devices utilized on Toyotas are not so dissimilar from black boxes utilized on American cars as common safety features. However, one important aspect is that Toyotas can only be read by Toyota technicians with specialized readers which is not the case with black boxes manufactured by U.S. car companies. As I review the congressional hearings, there is a theatrical ring about it. The answer is quite simple, “... without integrity nothing stands.”

You can rest assured that the automotive product liability lawyers at Reiff and Bily and many other fine lawyers committed to the cause around the United States of America will do their best to ferret out the truth in these matters.

March 8, 2010

Toyota’s Newest Problem: Faulty Prius Brakes

At Reiff and Bily in Philadelphia, we have received many telephone calls in the last several days concerning Toyota’s latest recall involving faulty brakes in its best selling Prius. As experienced automotive product liability and catastrophic injury lawyers, we are greatly concerned about this latest problem because properly functioning brakes are perhaps the most important safety feature on any car. In the U.S. alone, Toyota has recalled over 40,000 new Prius and Lexus automobiles manufactured after April 2009, due to problems with the cars’ braking systems. Toyota has announced that there is a problem with their computerized braking system in that there is a delayed reaction from the time the brake pedal is applied until the brakes actually take hold. This problem has the potential to cause severe injuries and even death to the occupants of these brand new vehicles touted to be the most technologically advanced vehicles on the market today.

As experienced product liability attorneys with over 30 years of experience representing catastrophically injured consumers, we take no joy in the troubles that have befallen Toyota, a company that prided itself as a manufacturer of the highest quality vehicles available. Nevertheless, we recognize that this latest problem constitutes a major threat to the health and safety of our clients. If you purchased a Prius or Lexus after April 2009, you should immediately contact your dealer for details on getting this problem fixed.

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March 5, 2010

Philadelphia Products Liability Lawyers Learn of New Problems Involving Honda and Toyota Vehicles

By now, most people are aware of the recently publicized problems facing owners of Toyota and Lexus vehicles involving sudden unintended acceleration and brake problems. We at Reiff and Bily have recently become aware of new recalls involving 950,000 Honda vehicles involving faulty air bags. Additionally, U.S. regulators are now looking into reports of potential problems involving newer models of Toyota Corollas.

The experienced product liability lawyers of Reiff and Bily have over 30 years of experience representing people who suffered catastrophic injuries or deaths of family members due to defective motor vehicles. As an experienced airbag defect lawyer, I can state that airbags save many lives in car accidents. Recently I obtained a substantial settlement for a young woman who lost her eye due to a faulty airbag.

At Reiff and Bily, we have knowledgeable experts from around the country and we are not afraid to take on the major auto companies. Time after time, we have found that the auto companies put profits ahead of safety.

March 4, 2010

The United States Congress Committee On Oversight And Government Reform Reveals Evidence That Toyota Deliberately Withheld Relevant Electronic Records That It Was Legally Required to Produce

In a letter from the United States Congress Committee on Oversight and Government Reform sent to Mr. Yoshimi Inaba as part of their investigation into Toyota’s handling of vehicle recalls arising from incidents of sudden acceleration, it was revealed that Toyota deliberately withheld relevant electronic records that it was legally required to produce in rollover litigation. Many of these documents concerned rollover cases where the plaintiff was injured or killed. The letter also goes on to note that Mr. Dimitrious Biller, who is managing counsel of the product liability group of Toyota Motor Sales and in a very senior position in which he lead the defense of some of the largest tort cases against Toyota, particularly rollover cases involving seriously injured victims, did not produce all of the requested documents during the litigation process. Biller was concerned with Toyota’s failure to produce electronic documents in litigation. The documents also indicate that Mr. Biller was concerned that Toyota’s interactions with NHTSA would be discovered. Finally the Biller documents shined light on Toyota’s handling of the sudden, unintended acceleration problem.

In summary, the Biller documents and Toyota documents indicate a systematic disregard for the law and a routine violation of court discovery orders in litigation. People injured in crashes involving Toyota vehicles may have been injured a second time when Toyota failed to produce relevant evidence to the court. This also raises very serious questions as to whether Toyota has withheld substantial relevant information from NHTSA.

As experienced product liability lawyers, we have been well aware of Toyota's posturing for many years and their refusal to play fair in the litigation process. We are currently investigating a number of Toyota airbag and sudden acceleration claims.

March 3, 2010

In Automobile Accident Cases, Notably Those Involving Airbag Defects, the Japanese Manufacturers Seem to Protect the Black Box Information Like it is the Holy Grail

As an experienced defective airbag attorney, I have had a number of occasions to download the black boxes of many automobiles with a technical expert. The black box is essentially an event data recorder and is a small square box tucked safely away in an inconspicuous position either under the dash or under the front seat of most vehicles. The black box is supposed to record engine speeds, brake acceleration, throttle positions, airbag data, and other information to determine the cause of an accident.

Recently, I participated in a black box download with an expert of one of the Japanese automakers and had difficulty with the manufacturer accessing the black box data due to the fact that the Japanese manufacturer told us that the information contained therein was proprietary and that only their experts could review the information. This attempted roadblock necessitated extensive legal maneuvering and court sanctions to get the correct black box information available for review by our expert.

Recently a Wall Street Journal article addressed this similar issue. Other plaintiffs’ lawyers and clients in auto accident cases note that they have also butted heads with Toyota over access to its black box data. The article noted by contrast that three major Detroit automakers have a black box format that can be read without the involvement of the auto manufacturer using a commercially available tool. In our specific case, the Japanese manufacturer and their lawyers fought at every step and turn to avoid our retrieving the correct black box download data. Our experienced airbag defect lawyers were ultimately successful in the prosecution of our claim involving this overaggressive deployment of an airbag.

Using the Li’l Abner “any plain fool can see” theory, my own gut instinct told me that if there was anything helpful to the automobile manufacturer in their legal process, the same would have clearly been provided. However, if the information was detrimental to a case against them, they would not provide it without a strong and determined fight. Adversity causes some lawyers to break and others to fight harder and break records.

March 1, 2010

Toyota Profits Translate Into Approximately $1.7 Billion - Yet Recall Troubles Continue To Mount and Consumers Suffer Injuries and Death

As automobile manufacturer Toyota has profitability in the billions, recent recalls and their failure to act sooner to issue recalls indicate that they have emphasized profits over consumer safety. Recently Toyota announced a massive recall due to faulty acceleration. However, it has now also surfaced that officials in the United States and Japan are looking into additional complaints regarding a brake system which has also failed.

As an experienced Philadelphia vehicle defect lawyer, I have been aware of defect problems with Toyotas for many years and feel that Toyota has been less than forthcoming about problems with their cars putting its customers at risk for substantial injuries or death. Unfortunately in many past legal cases Toyota was adamant about having litigants sign confidentiality agreements in an attempt to put a hamper on negative publicity concerning their product.

The Philadelphia vehicle defect and product liability law firm of Reiff and Bily has a successful track record representing individuals who are harmed or killed due to dangerous defective products with a focus on the automotive industry. Consumers have a right to expect that when they purchase an automobile it is safe.

If you or a loved one has suffered catastrophic injuries or death resulting from the use of a Toyota, please contact one of our experienced Philadelphia car accident and vehicle defect lawyers for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com. Reiff and Bily has been committed to consumer safety since 1979.

February 25, 2010

FAA Proposes a 2.475 Million Penalty Against American Eagle, a Sister Carrier of American Airlines

The Federal Aviation Administration announced on Monday, February 1, 2010 that they are proposing a 2.475 million dollar penalty against a sister carrier of American Airlines for not making sure flight crews had accurate information about the weight of baggage on dozens of flights. Incorrect takeoff flights are considered safety hazards if pilots rely on faulty information when determining the right speed for takeoff and landing. The FAA charged that Eagle operated at least 39 flights after being told of the problem. The FAA noted that between January and October 2008 American Eagle operated at least 154 flights in which baggage weight listed on the cargo records differed from data entered into an automated system for tracking and balancing weight. Transportation Secretary Ray LaHood stated, “The traveling public has to be confident that airlines are following important safety rules.”

The aircraft accident lawyers at Reiff and Bily understand that the weight and balance of cargo is considered a significant issue for the smaller jets typically operated by Eagle and other regional carriers.

February 23, 2010

A Doctor’s Story That Can Make You Sick

When patients go to doctors they normally entrust the doctor with quality medical care. On Monday, February 2, 2010, a Delaware Grand Jury returned an indictment against a prominent pediatrician accused of serial molestation in what could be one of the worst child sex abuse cases in the nation’s history. The 160 page indictment returned by a Sussex County Grand Jury charged Dr. Earl Bradley of Lewes, Delaware of 471 counts of sexual crimes against 103 children. As Delaware Attorney General Beau Biden was quoted as saying, “These were crimes committed against the most vulnerable among us - those without voices”. The charges against Dr. Bradley include rape, sexual exploitation of a child, unlawful sexual contact, continuous sexual abuse of a child, assault, and reckless endangerment.

As an experienced Philadelphia medical malpractice lawyer who has handled some of the most egregious and shocking cases of sexual assaults involving a physician, I am well acquainted with the physical and emotional consequences that can be suffered by the victims and their families as the result of such sexual abuse. The number of sexual assaults by physicians seems to be growing rapidly according to recent studies. Frequently this problem is noted in the field of psychiatry and an anonymous national survey indicated that roughly 10% of psychiatrists responded to having had sex with at least one patient.

Jury verdicts against physicians accused of sexual abuse are normally quite high. However, most often confidential settlements are entered into and many times the results of these claims are not accurately reported or available to the public. When a patient goes to a physician, they typically expect to be provided with a sense of care for their well being, trust, and security. Any physician who violates that trust and uses their position of authority to take advantage of a vulnerable patient should be prosecuted to the fullest extend of the law both civilly and criminally.

At the experienced Philadelphia medical malpractice law firm of Reiff and Bily, we have exhaustively handled similar cases and have carefully reviewed patient’s records to identify departures from the accepted professional protocols and have evaluated manipulative behavior utilized by healthcare professionals who take advantage of a patient. We not only demand financial damages, but we are prepared to deal with criminal authorities, licensing bureau, and work with prosecutors to make sure that those who commit such crimes are successfully prosecuted and isolated from the trusting public. When a trauma such as sexual abuse occurs, patients often retreat within themselves and such feelings of isolation and humiliation often prevent them from speaking out. Psychiatric counseling is often mandated. Sex abuse is never acceptable in life yet alone in any type of professional treatment. Almost always, sexual abuse results in serious psychological damage to the victim and many times the abuse can be so extreme that it results in suicide or commitment to a mental hospital. Many of these harms have been deemed to be permanent.

If you or a loved one has been sexually abused by a physician or other professional, please feel free to contact one of our experienced Philadelphia medical malpractice lawyers for a free no obligation consultation at 1-800-421-9595.

February 22, 2010

A Lasik Surgery Nightmare - Personal Injury Lawyer Victim Speaks Out

Recently I reviewed a story attesting to horrific permanent vision problems after a Lasik procedure and it highlighted that many side effects continue to plague patients, prompting an FDA investigation. Unfortunately, I have my own sad tale to tell. Approximately 7 or 8 years ago, I went to a well known Lasik center in the Philadelphia metropolitan area and had decided to have Lasik surgery. I was extraordinarily nearsighted. I had problems after the first surgery so I was told to have a second revision Lasik surgery. After the second Lasik surgery, I could not see at all and literally felt I was going blind to the point where I sought immediate attention from a renowned academic ophthalmology expert and got on a plane and flew to a well known ophthalmologist and Professor of Corneal Medicine expert at Massachusetts Ear and Eye in Boston, MA.

The doctor agreed to see me and abruptly canceled his scheduled vacation plans and told me that I needed emergency surgery. I was in danger of losing my eyesight. He further informed me that I was never a proper candidate for Lasik surgery. I required two emergency surgeries and began a weekly commute back and forth from Philadelphia to Boston and sought a corneal retinal specialist to monitor my care in Philadelphia at Wills Eye Hospital. I became very well acquainted with the risks of Lasik surgery and also came to learn that there are many patients receiving the surgery that are not proper candidates for the procedure to begin with. In fact, many of the doctors are putting profits over patient safety.

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