Philadelphia Injury Attorney Blog

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.

As a top amusement park accident lawyer and top hayride accident lawyer for over three-decades, I am always concerned but not surprised to learn when many innocent and unknowing victims are seriously injured as a result of a hayride accident.

Recently 44 members of a church group were injured during a hayride accident in Washington state when a tractor pulling a trailer jack-knifed ejecting passengers onto the roadway. According to news sources, the tractor was heading down the steepest hill on Shaw Island, Washington where the hill’s surface material was compacted gravel with a 5% downgrade. The hay bale trailer was loaded with hay and 50 people when the tractor gained speed. According to news sources, the trailer did not have brakes and was literally pushing the tractor down the hill and the front axle of the trailer failed spilling the passengers on the roadway resulting in broken bones, sprains, and lacerations to many of the victims. The accident remains under investigation and the police are also looking into a heavy load of people and logs that were placed in the trailer for seating, together with maintenance records for the tractor and trailer.

Hayrides are quasi-amusement rides and in my humble opinion as a hayride and defective trailer accident lawyer who has investigated and litigated these claims, many hayrides are simply accidents waiting to happen when proper control mechanisms are not in place. The operators of hayrides owe the highest duty of care to the passengers on the ride. They are often operated in dark and noisy environments frequently visited by children. The Consumer Product Safety Commission has estimated that a number of serious injuries resulting from hayrides and trailer malfunctions has risen dramatically. Unfortunately most hayrides involve the use of a trailer hitch to a tractor or truck pull and NHTSA has admitted that no standard exists for such trailer hitches. Many state laws, including Pennsylvania, are silent as to the design and construction specification for many of the trailers used in hayrides.

Our thoughts and prayers go out to the victims and their families of this accident.

The amusement and hayride accident lawyers of Reiff & Bily always offer a free, no obligation confidential consultation to victims of amusement park accidents and hayride accidents. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently a New York jury awarded $1.1 million dollars to a woman who was struck by a falling shelf in a Bronx grocery store. The jury found that the shelf was improperly stocked and had not been properly secured, and the victim claimed that the shelf fell on her while another worker was placing aluminum pans on the same. The victim claimed that the shelf dislodged, fell on her head, and activated an arthritic condition of her spine causing herniations of two discs. The defense denied negligence of the shop owner and also contended that the woman’s condition was not worsened by the accident. However the jury thought otherwise.

As an experienced Philadelphia premise liability lawyer for over three decades who has represented generations of injured victims, the law recognizes that when you enter a business premise, you are classified as a business invitee and are owed the highest duty of care. If a property owner neglected to correct an unsafe condition or caused an unsafe condition to exist which caused your injuries such as being harmed by falling merchandise or shelves, you may have a right to recover compensatory damages. If your injuries require you to take time off from work and undergo medical procedures, rehabilitation, and lost wages, an experienced Pennsylvania premise liability lawyer can help you recover the compensate that you deserve.

Since 1979, the experienced Philadelphia premise liability lawyer and store injury lawyers of Reiff & Bily
have protected the rights of injured people and their families throughout Pennsylvania. We always offer a free confidential, no obligation consultation. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

In recent weeks, two catastrophic deaths took the life of two special Americans. One an 11-year old honor student at Morey’s Pier in Wildwood and the second an American war hero, Sgt. James Hackemer, 29, who died on the Ride Of Steel roller coaster at Darien Lake Theme Amusement Park located east of Buffalo, NY. Hackemer had lost both his legs in a roadside bomb explosion while deployed to Iraq in 2008 and had to be assisted on the coaster. Just 11 days after turning eleven, Abiah Jones was on a school trip to a Wildwood, NJ amusement park to celebrate students who attained honorary scholastic achievement. In both cases, the question arises why park employees of the respective amusement parks let these individuals on the rides, and both incidents have sparked a renewed effort to place fixed site theme parks under federal regulatory oversight.

U.S. Rep. Edward Markey (D-MA7) stated that local and state regulators who currently oversee amusement parks may lack budget resources and technical experience to carry out effective safety checks and investigate accidents. Rep. Markey plans to introduce legislation which he has proposed multiple times before the make fixed site amusement parks subject to regulatory authority of the CPSC, a federal consumer protection body, in an attempt to prevent future injuries. Owners of amusement parks as well as industry lobbyists oppose the legislation. Safety should be the number one concern, and as an experienced product liability and amusement park accident attorney who has fought for decades on behalf of catastrophically injured victims and those wrongfully killed due to the negligence of others and/or defectively manufactured and designed products. I believe safety should never be an option, and I believe that Federal oversight would most likely go a long way towards improving amusement park safety and question why the amusement industry is so opposed to it if they claim they are already operating safely and taking all steps to insure that accidents do not occur. I for one believe that the proposed check and balance legislation can only benefit rather than have a detrimental effect.

In the summertime I ride my bike almost 20 miles every morning as a way to get my juices flowing and pump up the endorphins before going to the office. This past weekend, I witnessed a terrible bicycle accident on the boardwalk in Ventnor City, NJ when a cyclist appearing to be in a zombie like trance listening to an iPod with music blaring violently collided with another walking person. In fact, what I found even more surprising was that in a highly congested area with bicyclists, walkers, and joggers, the striking bicyclist was weaving in and out of traffic at a high rate of speed indifferent to others as music played through his iPod. Obviously, the bicyclist was acting irresponsibly and posed a danger to himself as well as many other people.

Recently British authorities have noted that there has been a significant rise in the number of bicycle riders being seriously injured or killed while wearing iPods during cycling. I admit that I love music just as much as anyone and have been guilty of wearing an iPod during cycling. However one need not apply anything but common sense to recognize that if you are in traffic on a congested street area, it is just down right not safe. It is impossible to hear warning bells or horns as well as concentrate in a congested area.

As an experienced bicyclist for decades and as an experienced Pennsylvania bicycle accident attorney who unfortunately investigates the worst bicycle accidents involving catastrophic injury or death, I advise all bicyclists to focus their attention on the roadway and avoid distraction in an urban environment or on resort boardwalks that are crowded with people. When you investigate bicycle accident legal cases, just as I have for the past three decades, it is easy to recognize that many otherwise innocent people are catastrophically injured or killed due to the fact that they were distracted and unable to hear a hazardous situation.

Continue reading "Ipods and Cycling A Potentially Deadly Combination Advises Experienced Philadelphia Bicycle Accident Lawyer and Cyclist" »

Over the last 30 years as an  experienced Pennsylvania product liability lawyer, I have been confronted with many cases involving a catastrophic injury or wrongful death and must carefully try to evaluate all of the circumstances surrounding the situation and identify if a product defect was the cause of the victim's injury or death. The issues that we often face consistent with a product or vehicle defect evaluation are:

Was the design proper and was the product manufacturer consistent with the design considering the assembly materials?
Was the design so defective that it was destined to fail and cause injury?
Were the proper materials used in the construction of the product?
Was the product designed in such a safe manner to withstand expected and foreseeable use as well as abuse?

Many  product liability legal cases require not only the experience of a skilled product liability lawyer but also will require complex forensic testing, and accident reconstruction. In accordance with scientific methodology and protocol that will survive defense challenges. It is extremely important to preserve the product after the accident to avoid the spoliation of evidence. In one of our recent cases, we do not believe that a prior attorney understood the basics of a product liability case despite his yellow page ads to the contrary and in fact spoiled the evidence leading to a legal malpractice case rather than a product liability claim.

Continue reading "Experienced Pennsylvania Product Liability Lawyers Warn That Identifying and Proving Defects Is Not Always Obvious and Often Requires Some High Tech Engineering and Forensic Work" »

In Pennsylvania there is long standing case law that a defendant is liable to the victim for all direct and proximate consequences of their negligence. Once a defendant has been found to be negligent, that person or entity is liable for all harms caused by the negligent act even though the consequences were unforeseen or even though the harm is increased by an unknown physical condition which could not have been discovered or anticipated prior to the wrongdoing.

Another way it can be phrased is the person who causes an accident or event to occur must accept the plaintiff or victim as he finds him. Therefore, when the person or entity causes harm to a victim that person is responsible for all resulting injury to the plaintiff even if the plaintiff or victim had a pre-existing condition that made him or her more susceptible or more easily damaged by the defendant’s wrongful conduct. The fact that some other factor, including a pre-existing condition may have been a contributing cause of the injury does not relieve a defendant of liability. If a plaintiff had a pre-existing condition that was aggravated by the defendant’s negligence, that defendant is responsible to the victim for any aggravation of cause.

If you or a loved one has been involved in a Pennsylvania car accident or sustained an injury as a result of a slip and fall accident and aggravated a pre-existing injury, please feel free to contact one of our experienced Pennsylvania personal injury and Pennsylvania car accident lawyers for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.