November 2, 2011

Is Your Chiropractor Helping You or Hurting You?

As an experienced Philadelphia personal injury and Philadelphia car accident lawyer, I have literally dealt with thousands of chiropractic care cases involving injured clients. For the most part, although many people and defense attorneys consider chiropractors to be “quacks” or “light and magic shows”, mostly I have found that chiropractic manipulation proffered by the properly trained and caring chiropractor can be most beneficial.

In fact, I regularly require chiropractic manipulations and have benefited more therefrom than traditional physical therapy. Unfortunately on the other side of the coin remains the fact that many chiropractor’s offices are nothing more than accident mills operated by businessman or chiropractor more interested in making money rather than offering proper patient care and manipulation.

The underlying basis for chiropractic is the belief is that all physical diseases are the result of misplaced spinal bones and that subluxations of spinal vertebrae cause disease by interfering with the flow of nerve energy from the brain to the body=s tissues. Accordingly, spinal adjustments by a properly trained chiropractor are technically supposed to restore vertebrae to their proper places and allow brain energy to heal the diseased condition. Obviously in order to properly treat a disease or condition, it is completely necessary to have an accurate medical diagnosis as to what constitutes treatment. Many chiropractors administer spinal manipulation without first accurately making a proper medical diagnosis utilizing confirming x-rays, CT scans, or MRI studies and many types of chiropractic medical malpractice claims evolve when a patient sustains an injury or aggravation by manipulation of the musculoskeletal system or the spine where the patient suffers from an illness, disease, or other injury that was not diagnosed. For example, if there is a herniated disc with potential impingement on the spinal nerves and the chiropractor fails to diagnose this condition and engages in aggressive treatment that worsens the condition instead of prescribing immediate medical intervention or diagnosis, that chiropractor may have caused more harm to the patient and may be guilty of chiropractic malpractice. Many times chiropractors don't fully explain the situation to the client or patient and the patient receives treatment or some part of treatment without the informed consent necessary to make an educated decision. Sometimes cervical manipulation or a neck adjustment technique can be more devastating than helpful and can lead to a stroke. A neck adjustment by a chiropractor can cause a dissection of vertebrae or the carotid artery resulting in stroke. The number of chiropractic malpractice and manipulations that report in strokes is vastly under reported in medical literature due to the fact that many patients suffer irreparable brain damage and cannot remember the chiropractic manipulation. All manipulations carry the risk of life threatening accidents and it is important that if you are receiving chiropractic care to do your homework and make sure that you are not treating in an accident mill just focused on volume rather than quality care.

If you have sustained an injury that you believe was caused by chiropractic negligence or malpractice, the experienced and skilled Philadelphia medical malpractice attorneys at Reiff and Bily are always available to offer a free, no obligation consultation and work with the finest medical and chiropractic experts throughout the nation. We always offer a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

October 27, 2011

There Is Nothing Worse Than Going In For Surgery With The Normal Patient Fears And Anxieties And Waking Up Only To Find Out That The Surgeon Operated On The Wrong Side Of Your Body

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.

October 19, 2011

What Do You Do If You Are Injured At A Gym, On A Ski Lift, Or At Another Place Of Business And You Knowingly Or Unknowingly Consented To Waive Liability In The Event Of An Accident Or Negligence?

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.

October 17, 2011

What Happens If You Suffer A Heart Attack Or Other Life Threatening Situation And Call For Emergency Medical Services And They Show Up Late Or Don’t Show Up At All - Philadelphia Catastrophic Injury and Wrongful Death Lawyer Weighs In

The City of Philadelphia is currently dealing with an EMS crisis where lives are being put at risk due to the fact that EMS units are still arriving late to calls nearly 40% of the time. It is an excepted standard that EMS units should arrive at the scene of an emergency in less than 9 minutes. Several years ago, City of Philadelphia audits indicated that EMS units were only achieving the standard 60% of the time. City Controller, Alan Butkovitz, stated “The City is putting lives at risk by failing to do all that it can to have EMS units arrive on time. The response time is still well below the 90% industry benchmark.” Butkovitz stated that a major factor contributing to EMS inability to arrive on time is the overwhelming demand on the EMS system along with an inadequate number of paramedics. The City Controller made a number of recommendations to address this situation. However, of paramount concern is that the City of Philadelphia and Fire Department must take all necessary and reasonable steps to improve EMS response time and to increase the number of paramedics available to staff EMS vehicles.

October 14, 2011

Halloween Hayride For Family Ends Up Too Realistically Frightful For This Family - Broken Bones and Bruises - It’s Not Just About Profits - Safety Comes First!

What started out as an evening event with laughter, smiles, cider, and ginger snaps for a large family group ended up as a frightful hayride adventure resulting in broken bones, bruises, neck and back injuries when the seats and trailer being pulled by the truck broke apart. One of the young ladies was pinned underneath the side of the trailer that fell. According to one of the parties, the trailer had a shaky feel to it and as it gained speed going down the hill seemed to disintegrate.

Haunted hayrides seem innocuous and innocent to those of us who welcome Fall and look forward “Kodak” moments with the kids. Unfortunately, dangers that lurk about hayrides are not limited to those dressed in costumes attempting to scare the daylights out of you. The real dangers lie in defectively manufactured, designed and maintained trailers, that are covered with hay and blankets, and often overloaded when they carry the hay riders. Many times hayrides are operated by profit driven individuals or businesses who fail to understand that safety of the rider is paramount to profitability. Hayride operators owe a duty to their riders to properly maintain and inspect the trailer, seats, and railings, as well as provide proper and safe control and supervision of the riders. Many times the truck is being operated by someone with a curious or questionable background and if they take a sharp turn or make a sudden stop or travel too quickly down a hill, there may be an accident waiting to happen. According to news reports, this past weekend many hayride accidents occurred throughout the United States due to failure to have proper safety restraints or restrictions and governance.

Our hearts, thoughts, and prayers go out to those injured in hayride accidents. While I don’t wish to take the fun out of life, I just want you to make sure that before you go on a hayride, do a little bit of due diligence and recognize that accidents do happen. Make sure the facility has an excellent record of success and safety and don’t be afraid to ask questions.

The experienced hayride and amusement accident and premise liability lawyers of Reiff & Bily have evaluated thousands of cases involving catastrophic injuries, broken arms, and unfortunately wrongful deaths, and has recovered hundreds of millions of dollars for victims and their families. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

September 28, 2011

Amusement Park Accident At Morey’s Pier Caused By Corrosion Of Ride Component Claims Preliminary Report By The New Jersey Department Of Community Affairs and Division Of Carnival Amusement Ride Safety

In mid-August 2011, a portion of the mast of Sea Dragon amusement ride at Morey’s Pier in Wildwood, New Jersey fell onto riders in yet another amusement park accident. Although the mast performed no mechanical or structural function, and was utilized solely as decoration, a danger was obviously presented to thrill seeking riders of the amusement attraction. According to the preliminary report issued by the New Jersey Department of Community Affairs Division and Carnival Amusement Ride Safety, the mast falling was caused by the failure of parent steel that connected the lower and top portions of the mast. The mast is constructed of two pieces of piping/tubing. The top of the mast was constructed with thin wall tubing while the lower portion was constructed of the heavier wall material, the report states that pieces were welded together about halfway up the height of the mast. The top half of the mast, the piece that fell, was sitting on top of the lower half and was welded with a filet weld to the plate. There was significant corrosion on the interior of both the thin walled section of the mast, as well as the plate that was used as a means to connect the lower and upper portion of the mast, the State concluded. “When the material above the weld failed, there was no secondary support to keep the mast from separating and fell”. The broken mast fell upon riders injuring 5 and the State has now only allowed similar rides to operate if the mast is removed.

As an experienced amusement park accident attorney who has handled a number of claims at seashore amusement park and resorts and an experienced sailor who has spent a great deal of time in salt water and ocean environments, I have always expressed concern for metallurgical failure and corrosion in salt air when the natural seaside environment elements comes into contact with metal.

I am concerned that many seashore amusement parks fail to properly inspect and train employees often placing profitability ahead of safety. Our experienced amusement park accident attorneys have investigated and successfully handled a number of claims in amusement and product failure, metallurgical failures due to corrosion, defective product design, and/or inadequate training and maintenance procedures. Safety should always be priority number one when it comes to thrill seekers who come to amusement parks.

The experienced amusement accident lawyers of Reiff & Bily have received top accolades for over three decades of representing catastrophically injured victims and their families who have been wrongful killed as a result of the negligence of others or defective product design or maintenance.

Recently we have joined forces with the legendary Beasley Firm and together our attorneys have been awarded over $2 billion dollars since the mid-1950's. We always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

September 27, 2011

Philadelphia Malpractice Attorney Expresses Concern About Why The United States Department of Health and Human Services (HHS) Recently Took Down A Malpractice Database Without Offering An Explanation Or Saying When Or If It Will Return

For over a decade and a half, an online database that anonymously tracked physician health records of malpractice, medical errors, and medical discipline was available online to researchers and policymakers, as well as others seeking access to this information.

As an experienced Pennsylvania medical malpractice and defective product attorney who has spent decades litigating these claims, I believe that the reporting of medical malpractice errors and healthcare should become transparent and available to those citizens who take the time to perform independent research in order to become more informed about making an important decision. Loss of access to this information presents a problem to patient safety experts, researchers, and public policy analysts who identify important trends and problems involving delivery of healthcare by physicians.

As an experienced Philadelphia medical malpractice attorney, I believe patient safety and research should always be a priority and that consumers should always have the ability to perform research in order to make an informed decision. Additionally, the removal of this information makes it difficult to make informed public policy decisions concerning malpractice, or to perform peer review on medical licensing. I can think of no good reason to not make this information available.

If you or a loved one has been the victim of medical malpractice, please contact one of our experienced Philadelphia medical malpractice lawyers for a free, no obligation consultation. We have been representing catastrophically injured victims and their families for over three decades. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

September 25, 2011

What Do You Know About The Background Or Licensing Of A Hayride Operator To Whom You Entrust The Safety Of Your Children and Perhaps Yourself?

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

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

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

Since 1979, the experienced Philadelphia carnival, amusement lawyers, and hayride accident attorneys of Reiff & Bily have successfully represented victims and their families and those who have been catastrophically injured or wrongfully killed due to the negligence of others, defective products, or defective maintenance, or improper hiring procedures. We always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

September 24, 2011

How Safe is it Really at an Air Show?

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

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

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

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

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

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

September 22, 2011

What Happens When Disinterested Persons and Others Attack A Client Being Represented By A Lawyer

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

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

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

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

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

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

September 20, 2011

Safety and Maintenance Issues Plague Many Helicopter EMS and Medivac Programs - Catastrophic Injury Lawyers Express Their Concerns

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

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

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

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

September 16, 2011

Electricity Related Accidents Often Result In Catastrophic Injuries and Death After Storms and When Safety Is Not The Focus On A Worksite

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

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

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

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

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

September 8, 2011

Pennsylvania Medical Malpractice Lawyers Query The Safety Of Outpatient and Ambulatory Patient Surgery Centers Versus Inpatient Hospital Surgery Centers

According to a recent story published in the Pennsylvania Business Journal, Pennsylvania ambulatory surgery facilities submitted 502 medication error reports to the Pennsylvania Patient Safety Authority over a five and a half year period through the end of last year. Unfortunately, there is a lack of medical literature accurately quantifying or addressing medical errors that occur in ambulatory surgical facilities and according to the Pennsylvania Department of Health, Bureau of Health Statistics and Research, Pennsylvania had 265 ambulatory surgery facilities which performed more than 960 procedures between July 1, 2000 and June 30, 2009.

Ambulatory surgery facilities are often utilized for general surgical procedures including but not limited to ophthalmologic endoscopies, colonoscopies, orthopedic, gynecological, urologic, and cosmetic procedures.

Recently a national quality forum approved for endorsement a list of 29 serious reportable events in health care. All Pennsylvania hospitals, ambulatory surgical facilities, and birthing centers are subject to reporting requirements under Act 13 and must submit with the authorities any “serious event incidents”.

Unfortunately, as an experienced Pennsylvania surgical and medical malpractice attorney for over three decades I all too often investigate and prosecute claims of negligence and malpractice involving outpatient or ambulatory surgical centers. I am concerned that many times Philadelphia and Pennsylvania regulatory establishments fail patients who suffer harm or unfortunately wrongful death in an ambulatory surgery center. There appears to be a systematic weakness in Pennsylvania’s enforcement of healthcare facility laws with regard to application or enforcement against many ambulatory surgery facilities. In the pure world, ambulatory surgical facility should offer high quality cost effective alternatives to in-patient hospital surgical services. Almost 90% of ASC’s are privately owned by physicians and are increasingly jointly partnering with hospitals.

Unfortunately many ambulatory surgery centers do not meet federal safety standards which could lead to serious and catastrophic consequences for patients. Many times we have seen single use items reused and medical supplies with expired expiration dates used. Common types of errors cited in Pennsylvania ambulatory surgical facilities include drug omissions, administration of the wrong drug, failing to monitor errors, documenting allergies, confusion or mixup involving ophthalmology products of different pharmacological categories, differentiating lookalike products, operation on the wrong body part or wrong patient, surgical site infections, wrong drug errors, and failure to prophylactically deliver antibiotics.



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August 20, 2011

Amusement Park Accident at Morey's Mariners Landing Pier in Wildwood New Jersey Injures Five, when Pirate ship’s steel mast falls on riders.

According to news sources, Morey’s Pier in Wildwood, NJ was the scene of yet another terrible amusement park ride accident. At just after 9 p.m. on Friday, August 19, 2011, emergency response staff responded to a report of a partial amusement ride collapse when the center mast of the sea dragon snapped, injuring five people at Morey’s Mariner’s Landing Pier. This is the second time in two months that young innocent and unsuspecting victims have been injured at a Morey’s Amusement park attraction in Wildwood. Recently 11 year old Abiah Jones tragically fell to her death while riding the Ferris wheel on June 3rd 2011. As one of the attorneys intimately involved in the investigation and litigation of the Abiah Jones death case tragedy, our hearts, thoughts, and prayers go out to the victims, and their families. Once again questions are raised as to the inspection, maintenance and operation procedures maintained by Morey’s. Safety must always be the utmost priority for all amusement park operators. We have repeatedly called for Federal oversight and reporting of amusement park accidents and safety concerns.

The experienced amusement park accident lawyers of Reiff & Bily in conjunction with the. Legendary Philadelphia trial lawyers of the Beasley Firm have joined forces to form the Beasley Reiff Law Group and are currently representing multiple victims of amusement park accidents. We strongly recommend that the victim’s and their family members do not talk to any insurance adjusters or attorneys for Morey’s Pier until they have consulted their own experienced and independent catastrophic injury, wrongful death, or amusement accident lawyer who will independently investigate the incident with experienced safety and Amusement operations experts.

August 2, 2011

At approximately 8:45 a.m. on Wednesday, July 27th, I was traveling southbound on a Philadelphia highway at approximately 50 mph when all of a sudden, a pickup truck marked prominently with the name of a landscaper and pulling equipment in a trailer went out of control, spun around, and crossed the lanes of traffic. Thankfully no one was injured in this accident and the trailer was slightly damaged, but as the driver pulled over, I noticed that the trailer did not appear to be properly attached and there were no safety chains. Furthermore, I did not notice operating brake lights working on the trailer. The trailer contained landscaping equipment that was not secured. Luckily it did not flip over. Believe it or not, the driver of the trailer pulled, resettled the trailer, and proceeded down the expressway at a high rate of speed, and in this detached and unhitched trailer attorney’s opinion, this situation represents an accident waiting to happen.

Unfortunately many such trailers may be homemade and are purposely made to be under the weight of 3,000 lbs. meaning they are not subject to regulation. Many state laws, including those in Pennsylvania, are silent as to the design and construction specification of such vehicles including towing safety chains or hitches. While this accident that I witnessed representing a situation of luck in terms of timing calls to attention the unregulated and un-policed state of the trailer industry and the trucks pulling trailers. Unfortunately there is no uniform system for reporting injuries or accidents and henceforth are many unreported dangers that will kill or catastrophically injure other innocent and unknowing victims.

The defective trailer accident and unsecured cargo lawyers of Reiff & Bily have decades of experience investigating and litigating unsecured trailer accidents and those accidents involving unsecured cargo that falls on a roadway. We have recently joined forces with the experienced defective trailer accident lawyers of the Beasley Firm to create the Beasley Reiff Law Group and employee a most experienced group of investigators and experts to determine how trailer and unsecured cargo accidents occur and who is liable. Since 1955, our skilled lawyers have together been awarded over two billion dollars on behalf of injured victims and their families. Our skilled unhitched trailer and unsecured cargo accident attorneys have been recognized as possessing the highest possible ratings in both legal ability and ethical standards and have been noted to be among the top attorneys in Pennsylvania and the nation. We always offer a free, no obligation and confidential consultation. Please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

July 27, 2011

Church Hayride Accident Results In Injury to 44 Youths

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.

July 21, 2011

Parasailing Accident During Bahama Honeymoon Results In Death Of Wife And Serious Injuries To a Broken Hearted Husband

On the last day of a Bahama honeymoon, a tragic parasailing accident took the life of a newly wed wife of Victor Rodriguez, age 22. The 22-year old bride Crystal Rodriguez died after her parasailing harness apparently snapped while she was being towed sending her plunging more than 200 feet into the sea. Both Crystal and her husband were being towed by a speed boat with a parachute billowing behind them when the accident occurred on the final day of their 10 day honeymoon. Her broken hearted husband was wheeled onto a jet on a gurney with oxygen after spending the last five weeks with extensive internal injuries in a hospital in Orlando, Florida.

Our hearts and prayers go out to the victims and their families and as an amusement accident and parasailing accident attorney, accidents like this are always the most hard hitting.

Parasailing has been defined as a sport or recreational activity where one soars while harnessed to a parasail. The words “while harnessed” are the key words. Fortunately more than one can imagine, many people are wrongfully killed or tragically injured due to faulty equipment of the owner or operator or the parasail operation’s negligence. There is very little regulation or oversight of many of the companies that operate parasailing operations and they tend to operate for profit instead of safety.

Most victims who survive parasailing accidents have their lives forever changed due to injuries such as traumatic brain injury, spinal cord injury, quadriplegia, paraplegia, or even wrongful death due to a defective product or negligence on behalf of the company providing the parasailing service.

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July 21, 2011

State And Local Regulators Who Currently Oversee Many Amusement Parks May Lack Budget Resources And Technical Experience To Carry Out Safety Checks And Investigate Accidents

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.

July 19, 2011

Pennsylvania Governor Signs Bill Which Should Hopefully Improve Boating Safety In Pennsylvania

As an experienced Pennsylvania boating accident attorney, I want to thank Pennsylvania Governor Tom Corbett who signed into law last week new legislation which will now hold boat operators under the influence to the same penalties as driving a motor vehicle under the influence. The new law treats all vehicles similarly regardless of whether it is an air craft, water craft, or land vehicle. As an attorney who has investigated and prosecuted boating accident cases for over three decades, many times our investigations reveal that alcohol was a contributing factor. Common sense is all that is necessary to understand that sitting in the sun and alcohol is not a good mixture particularly when operating a boat. A boat is less controllable than a car and requiring one’s full facilities to properly and lawfully control and operate. Boats do not have brakes and the ability to stop or slow down quickly in an emergency or accident avoidance maneuver.

Several years ago, Pennsylvania state law reduced blood alcohol levels for operating under the influence to 0.8 down from 0.1 which now applies to boats. The newly signed law also recognizes that operating a boat while under the influence of alcohol will be treated as a second class felony. While many complain that the new law might impinge on the traditional boating and having a few cocktails on the water, this experienced Pennsylvania boating accident attorney has sat with victims and their families who were catastrophically injured or wrongfully killed believes that alcohol and the operation of any motor vehicle or machinery is a potentially deadly combination. If you want a drink, keep it at dockside or in the security of your home.

If you or a loved one has been a victim of a boating accident, boating explosion , or any other vehicle accident involving the use of alcohol, our skilled and experienced catastrophic injury lawyers 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.

July 15, 2011

State Supreme Court Upholds $4 Million Dollar Award In Suit Against Motel For Negligent Security Where Guests Were Attacked

The Mississippi Supreme Court upheld a $4 million dollar jury award for a couple robbed and injured in 2008 at a Jackson, Mississippi extended stay motel. During an attack at the hotel, the victims sustained facial damage and a permanent eye injury, as well as post traumatic stress disorder after hearing the assailants talk about a rape during the physical attack. Although the victim was not raped and the three assailants were never captured, the verdict insures that the motel guests will now have necessary money for medical care. Additionally as a result of the verdict, a significant message was sent to the motel who subsequently upgraded motel security making it a safer place for customers and employees.

As an experienced Pennsylvania hotel attack, and negligent security lawyer, it is important that hotel owners and operators be held accountable when they fail to protect their customers from crime and attacks. While many of us read bold advertisements boasting about new and special beds or renovated rooms, it is essential for hotel and motel operators to insure the safety and privacy of motel guests as a top priority. As experienced hotel attack and negligent security lawyers, we are very well aware that this is not always the case. In the instant case, the facts reveal that the hotel operator had ignored the safety of its employees and customers. Facts were alleged stating that the manager had been robbed four times at gun point in the six months leading up to the victims attack and the manager of the hotel was begging the corporate office for a security guard to protect the guests and employees of the hotel and he was turned down. The couple alleged in the lawsuit that the hotel operator knew or should have known that it had inadequate security and that strangers, trespassers, and loiters frequently came into the property.

Since 1979, the experienced premises liability and inadequate security and hotel attack lawyers of the Philadelphia personal injury law firm of Reiff & Bily have aggressively represented clients who have been injured on another’s premises. If you or a loved one has sustained a physical injury or robbery due to negligent security or hotel attack, it is best to contact an experienced hotel attack and negligent security lawyer to begin an immediate investigation into your case, as well as preserve evidence to properly prepare your case. We always offer a free, no obligation consultation. We are greedy for justice in protecting the rights of injured consumers since 1979. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

July 13, 2011

Ipods and Cycling A Potentially Deadly Combination Advises Experienced Philadelphia Bicycle Accident Lawyer and Cyclist

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.

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July 11, 2011

Experienced Pennsylvania Boating Accident Lawyer Queries Why Someone Convicted Of DUI Operating A Boat Should Face Less Of A Penalty Than Those Behind The Wheel Of A Car When Boat Accident Victims Are Catastrophically Injured and Wrongfully Killed

Since 1979, the skilled boating accident attorneys of Reiff & Bily have been investigating and litigating boating and maritime accident cases. A good portion of these cases involve a catastrophic accident that occurred when the boat operator was intoxicated. Interestingly enough up until recently the Pennsylvania legislature did not address this issue. However, a Bill now sits on Governor Tom Corbett’s desk awaiting his signature which should toughen penalties for boating under the influence. Our hats go off to Rep. Mike Hanna who proposed an amendment to House Bill 78 which would allow prior drunken driving convictions to be factored into a sentencing for a drunken boating conviction. Surprisingly, Pennsylvania’s boating laws are considered pretty tough by national standards which really doesn’t say too much for the rest of the country. As an experienced boating accident attorney and boat skipper for over four decades, I do not think that Pennsylvania’s boating laws are tough enough and lack “teeth” when it comes to enforcement. However, as an experienced boating accident attorney who has dealt with the most catastrophic injuries and deaths that occur as a result of one operating a boat while intoxicated, I always felt there was a need for a tough criminal statute with teeth covering those who kill another while operating a boat while in an intoxicated state. Currently when a DUI accident by motor vehicle results in death, the sentences are significantly greater graded as a third degree rather than a second degree felony.

As Pennsylvania has more than 2,500 lakes and thousands of miles of rivers, intoxicated operation of a vessel is a serious problem. It is almost impossible for the small number of Pennsylvania marine police to enforce these laws, and this experienced boating accident lawyer argues that the stronger the penalty the more it will deter others from operating a boat while intoxicated and make Pennsylvania waterways safer for all.

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July 7, 2011

Boy Dies In Pennsylvania Amusement Park Swimming Pool Accident - Experienced Pennsylvania Swimming Pool and Water Accident Attorney Weighs In

As an experienced Pennsylvania swimming pool, drowning, and water accident attorney who also has investigated many amusement and water park catastrophic injury and wrongful death cases over the last three decades, I am always sad to learn of news concerning the death of a young child.

On Wednesday, July 6, 2011, a six year old boy was killed after jumping into a swimming pool at Knoebels Crystal Pool located in Elysburg, North Cumberland County, Pennsylvania. According to news reports, life guards found the boy under water and pulled him from the pool and performed CPR. He was then transported to Geisinger Medical Center where he later died. The cause of death is not known and is under investigation. Our hearts and prayers go out to the family of the 6-year old. According to news sources, the boy was said to be in the shallow end of the pool, jumping in and out of the water.

It appears that the summer of 2011 is unfortunately proving to be one quantified by catastrophic injuries and wrongful deaths at local amusement parks, swimming pools, and water parks, as well as drownings at private and public swimming pools.

As an experienced Pennsylvania water park, amusement park, and swimming pool accident attorney, I am curious why the child was not spotted sooner and whether or not the water park had proper supervision and training of life guards and safety personnel, whether the pool was properly maintained, and whether or not there were breaches of any of the federal and state guidelines concerning the operation of the swimming pool and amusement attractions. We offer our deepest condolences to the family of the victim for their tragic and heartbreaking loss and we ask that all of our readers keep this grieving family in their thoughts and prayers.


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July 5, 2011

Investigation Into A Florida Boat Explosion Concludes That Leaking Gas and Vapors In Engine Room Was The Cause - Boating Accident and Explosion Lawyer Weighs In

Earlier this year, a 32-foot fiberglass cabin cruiser boat exploded in Del Ray Beach, Florida killing a man and burning others on board the boat. The explosion took place when one of the individuals was working on the engine after the tank was filled with approximately 50 gallons of gas. Investigators concluded that gas leaks and vapors filled the engine room and I suspect that the engine must have started, igniting the fumes and triggering the explosion after the boaters stopped to refuel the vessel at a marina. The owner of the boat told investigators that after fueling, the smell of gasoline permeated the air after which point one of the victims on the vessel began to look for leaks in the engine compartment and thereafter heard a pop and saw flames. The day after the explosion, state investigators found a burned body in the charred hole of the boat. The headline of the newspaper indicated that the explosion that killed the man was deemed “accidental”.

As an experienced boater for over 50 years who has skippered just about every type of water craft, I also happen to have over three decades of experience as a boating accident lawyerinvestigating and litigating boating accident and boat explosion cases. There is one thing of which I am certain, that boating explosion cases do not happen on their own and always involve a proximate cause whether it be negligence or design or  manufacturing defect.

As an experienced Pennsylvania product liability lawyer who has worked on fuel fed fire legal cases both in the automotive, motorcycle, and boating arena, boat explosion accidents often lead to catastrophic injuries or death. Lately the United States Coast Guard has noticed a dramatic increase in boating fatalities and explosions. Most times injuries and deaths could have been prevented if proper safety procedures were followed.

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July 4, 2011

Are Brazilian Hair Straightening Blowouts Dangerous? - Experienced Product Liability Lawyer Weighs In

Several times a year my wife drops a small fortune to have her hair straightened in what is known as a Brazilian blow out procedure. When she comes home, her hair has an odor that is anything but pleasant and the same lasts for a few days. Although I must admit she looks sexier than ever and loves her straightened hair, I became concerned when I started to review warnings issued by the Department of Labor's Occupational Safety and Health Administration warning hair salon owners, workers, and consumers about potential exposure to formaldehyde used in some hair smoothing and straightening products including the Brazilian blow out brand. Tests indicated dangerously high levels of formaldehyde in the hair salon using these hair straightening products even though many of the products are often listed as formaldehyde free. Many clients and workers were found to have allergic reactions including nose bleeds and eye irritations. Unfortunately many of the hair straightening products or products used by hair care services are not required to list their ingredients and clients, workers, and consumers may not even know what is in the products they are utilizing.

As an  experienced Pennsylvania product liability lawyer, I think it is essential to the safety of workers and clients and anyone exposed to a potentially dangerous product or material to mandate health warnings on all hair care products including but not limited to hair straightening products. In Canada, many of the products were pulled off the shelves and the FDA now notes that it has begun looking at the complaints about hair straightening products.

Our office has received a number of calls from clients who had the hair straightening solution put on their head and claim that their head or scalp is burned for a number of weeks and some have even claimed a loss of hair. Although every situation must be considerate of “the goods, the bads, and the uglies,” one must ask them self if the quest for beauty is worth the risks of potential physical danger or physical harm.

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July 3, 2011

Trailer Accident Caused By Faulty Hitches Are Not Supposed To Happen

The defective trailer hitch and trucking accident lawyers of Reiff & Bily urge all of our readers to follow safety tips offered in a new Purdue Extension Guide entitled AKeep The Trailer Connected To The Truck; Understanding The Hitch System.

As experienced Pennsylvania defective trailer and truck accident attorneys, we have investigated many claims where people were either catastrophically injured or wrongfully killed due to the negligence of another or a manufacturing or design defect involving a trailer hitch. Unfortunately, many people hitch trailers to cars without having full knowledge of how to properly do the same and therefore, create a risk of harm and danger to other innocent pedestrians or vehicles on the highway. Trucks, receivers, inserts, and balls all have a rating that list the maximum pulling weights with the lowest rated ball and components determining how much can be pulled. For example if a truck, receiver, and insert ratings are 5,000 lbs but the ball can only tow 2,500 lbs, the load should be no more than 2,500 lbs. We have found that many truckers or individuals pull more than the safety load putting strains on the system and causing a failure. Safety chains should also be employed and should be strong enough to hold the trailer if the hitch fails. It is important to confirm that emergency brake cables are functioning and properly connected to the trailer and that the loads are properly placed to minimize stress on the hitch system. In a recent traffic safety presentation to commercial groups, many attendees noted that they experienced a trailer coming loose or detached from a truck. One can only imagine the consequences when this occurs on a busy highway. As an experienced defective trailer hitch attorney who has investigated all too many of these cases, I can tell you that the results are generally tragic, resulting in catastrophic injury or wrongful death.

The defective trailer hitch and trucking accident attorneys of Reiff & Bily have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Our skilled defective trailer hitch and trucking accident attorneys have decades of experience representing those catastrophically injured or wrongfully killed due to the negligence of others as well as product defects. We always offer a free, no obligation consultation. Please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595.

July 3, 2011

Separate Boating Accidents Result In The Death Of Two In Maryland

It seems that 2011 is on its way to breaking records for drowning and boating accidents in the Pennsylvania Tri-state area. On the weekend of June 26th, two people died in separate boating accidents in Cecil County, Maryland. The boating deaths represent the 10th and 11th fatality in Maryland this year. According to news sources, the first death occurred at 8:30 Friday night when an individual fell into the water as he attempted to jump from his boat to a pier near the Chesapeake Inn. Two shipmates tried to rescue him but could not.

The other death happened at approximately 3:40 p.m. on Saturday afternoon when a boat capsized on the Elk River. Initial investigation indicates that the boat was rated for three people and 435 lbs. However, there were 4 people in the boat and the conservative estimate noted that the weight exceeded 700 lbs. Interestingly enough as an experienced boater and boating accident attorneys what these drownings have in common with other boating deaths is a lack of appropriate flotation devices and the failure to exercise proper care by overloading the vessels weight requirements.

Our hearts and prayers go out to the families of these victims and we note that these unfortunate deaths clearly reveal the need to wear flotation devices in and around a boating environment. The boating accident lawyers of Reiff & Bily boating accident lawyers of Reiff & Bily have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Most of our experienced boating accident lawyers are also boating skippers and have handled just about every type of water craft for decades. We always offer a free, no obligation consultation. For more information contact us online at www.reiffandbily.com or toll free at 1-800-421-9595.

July 2, 2011

Trucker With Many Previous Traffic Citations As School Bus Driver Involved In Amtrak Crash That Resulted In Six Deaths

As an experienced Pennsylvania trucking and commercial carrier accident attorney, I have noticed a disturbing trend in the past few years that has also been highlighted by the press resulting in recent governmental inquiries and investigations, namely that many individuals who have been operating trucks and buses have a disturbing history involving traffic accidents and reckless behavior in their past. A recent investigation has noted that the deaths of six people in last Friday’s Amtrak train and truck crash in the Nevada desert involved a truck driver who had a long history of speeding, using a cell phone while driving and causing other injury accidents. The history of his reckless driving also included that he was found to be at fault in a prior freeway crash in 2007 and received many traffic citations earlier as a school bus driver in California. Investigators remain mystified as to why the truck driver failed to stop at a railroad crossing despite the fact that all warning lights and gates were working at the crossing and were easily visible for up to a mile in the flat desert area in Nevada. As a result of the train’s crash with the truck, six individuals died and others were burned and others remain unaccounted for.

The Pennsylvania trucking accident attorneys of Reiff & Bily have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Our thoughts and prayers go out to the victims and their families and we hope that the government and trucking companies do not continue to drag their feet when conducting background checks and investigating those who driver their vehicles and are entrusted to have full knowledge of the laws and regulations governing our roads and highways. I question how an individual with such a prior record could have been hired by this trucking company and join forces calling for a careful analysis and investigation of the factors leading to this accident.

The Pennsylvania railroad accident lawyers of Reiff & Bily and the Beasley Reiff Law Group have together been awarded over $2 billion dollars since 1958 representing the interests of those catastrophically injured or wrongfully killed due to the negligence of others. We always offer a free confidential, no obligation consultation. For more information contact we online at www.reiffandbily.com or toll free at 1-800-421-9595.

July 2, 2011

A Defective Propane Tank Can Create An Explosion To Multiple Kilograms Of TNT Warns Experienced Pennsylvania Product Liability and Explosion Lawyer

As July 4th officially kicks off the summer season many of us will be hosting or be guests at barbecues. Many of the newer barbecues utilize propane tanks to fuel the system. Propane is pressurized and put into the tank and safety dictates that one must make sure that the tank is not rusted or corroded and that all the fuel fittings are properly secured. Thirty liters of propane equals 750 mg of energy and 750 mega joules of energy is approximately equal to 170 kilograms of TNT or 8 millionths of a kilogram of nuclear grade uranium and has the energy equivalent and release of the force of 9 fully loaded semi-trucks being dropped from a kilometer high off the ground. Similarly enough energy is released to melt 2.25 tons of ice.

Typically propane tanks do not explode on their own. Generally human error or negligence is a primary factor contributing to any type of propane explosion and propane fed fire accident. If you are using propane to fuel your barbecue, make sure that you are using and storing it in accordance with NFPA requirements. You must fully understand that the integrity of the propane bottle must be maintained and one must always keep the propane cylinder away from an area where there is an extreme build up of heat or fire. Many times a fire or explosion can be caused by a leak near an ignition source such as a cigarette or spark. Many times propane fires or explosions occur due to negligent handling by an individual or refueling station or due to the defective manufacture and construction of the propane fuel. Obviously a propane explosion can cause catastrophic injuries
and wrongful death. Many times these injuries include amputations, blindness, loss of hearing, permanent scarring, spinal injuries, brain injuries, and paraplegia.

The fuel fed fire and propane explosion lawyers of the Beasley Reiff Law Group are stalwarts for consumer safety and suggest that if you are using a propane gas tank you should have it routinely inspected and maintained and make sure the tank is properly installed to reduce the risk of fire and explosion. If a propane tank is not properly maintained, there is a potential to suffer a tank and fuel delivery system failure and increases the risk of excessive heat or sparks coming into the tank which could ignite the gas and cause explosions.

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July 1, 2011

This Summer In Philadelphia More People Are Ditching Cars And Using Bikes As A Primary Means For Transportation – Unfortunately More Bicycle Accidents Are Occurring

Unfortunately bicycle accidents in Philadelphia are on a major up rise. As an experienced Philadelphia bicycle accident attorney and an avid bicyclist for over 40 years, I start every day in the summer with at least a one hour bike ride in an attempt to keep in shape and get the “juices flowing”. I notice more and more people on the highways on bicycles, and a recent survey also noted that more Philadelphians are ditching cars for bikes due to the tightened economy as well as the beautiful weather. While biking is one of the most pleasant forms of relaxation and good cardiac exercise, unfortunately recent statistics show that there are potential costs involved when it comes to personal safety. Bicycle injuries and deaths are on the rise.

Recently I have been contacted by several cyclists who were struck by motorists while traveling in designated bike lanes. The law tells you to ride as far to the right as possible and many times people exiting vehicles open their door right in front of the bicyclist or many people make turns across the bike lane striking the cyclist. If you are planning on riding your bike for transportation or just for the fun of it, you should always check to make sure the bike is properly maintained and properly fit. The bicycle accident attorneys of Reiff & Bily always advise using hand signals for riding, as well as wearing a properly affixed helmet.

I hate to say it, but as an experienced cyclist I always assume that many of the drivers are not paying attention and never see me and therefore, drive defensively. I recommend that all bicyclists in Philadelphia wear bright colors and at night never operate a cycle without a light or strobe light.

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June 30, 2011

4th Grader Dies At Canadian Water Park After Remaining On The Bottom For More Than An Hour Before Rescue - How Could This Possibly Occur? Water Park Accident Attorney Weighs In

A school trip to a water park by 9-year old Jeremy Molumba ended tragically after the young boy was swept toward the deep end by surging water in a wave pool. According to news sources, a classmate tried to grip his friends hand before a second wave pushed him below the water surface. According to sources, the 4th grader remained at the bottom of the pool for more than one hour before anyone came to his rescue.

As an experienced amusement park and water park accident attorney, the first thing that came to my mind was where were the lifeguards or other supervisors whose job it is to maintain safe watch over the guests of the park? The guests of the park are identified legally as business invitees and are owed the highest duty of care. Other issues should be explored such as: Was the water cloudy? Was the water so cloudy or dirty that they could not see the child laying on the bottom? Was the drainage and pump system working properly or was there too much force and suction which forced the young man under the water and to the bottom? Individuals in wave pools regularly sustain injuries ranging from lacerations, bruises, brain injuries, neck and back injuries, drownings, paraplegia, quadriplegia, and sometimes death. Many times they are the result of slippery surfaces, polluted water, and improper supervision. When water park employees, managers, or operators are negligent, it is all too easy for an otherwise innocent and unknowing individual to get in trouble and sustain a catastrophic injury by submersion or suffer death by drowning. Unfortunately many water parks are not currently regulated by the Consumer Product Safety Commission and many water park and amusement park owners vehemently oppose federal oversight of safety regulations and reporting that many legislators seek to give the CPSC authority over water park and federal theme parks. Many water parks are not in conformance with the Virginia Graeme Baker Pool and Spa Safety Act which requires installing drain covers that meet ANSA/ASNE A112.19.8-27 standards on every drains or grates. It also requires the installation of an automatic shut off system, drainage gravity system, and a safety vacuum system, suction limiting vent system, or drain disabler. Many times loud music in a pool area or in a wave pool area prevents lifeguards from hearing calls of distress and many times the bottom of the wave pool is slippery due to the presence of algae. Crowd control issues and the adequate amount and training of lifeguards and supervisors and maintenance staff is an essential element of safety. It has been noted that there has been a sharp increase of drownings among children up through the age of 12 and although amusement parks and water park attractions appear to be safe, when you combine negligent supervision, premise liability defects, as well as a potential for defective design and manufacturing defects, many accidents occur that could have easily been avoided.

If you or a loved one has sustained an injury in anamusement park or water park, or has suffered a drowning or water submersion injury, the experienced amusement park and water park lawyers of the www.beasleyreifflawgroup.com offer a free, no obligation confidential consultation. We have been stalwarts of consumer and amusement and water park safety for over half a century and our attorneys and our legal team has been awarded over $2 billion since 1958. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

June 18, 2011

Nine Deaths By Drowning or Boating Accidents Before Summer Even Starts - Experienced Boating Accident and Drowning Lawyer Weighs In

According to the Coast Guard, nine people have died in the first two weeks of June in the waters of the mid-Atlantic due to boating accidents and a string of drowning accidents. Unfortunately most of the boating deaths could have been avoided due to the fact that some of the fatalities involved in boating accidents were not wearing life jackets. The failure to wear a life jacket resulted in 75% of all boating deaths in 2010 and of those drowning victims, 88% were not wearing life jackets.

Adding to these grim statistics is a report that many beach town resorts, including Delaware beaches, are struggling to fill lifeguard slots. The News Journal of Wilmington reports there are only 19 openings and 9 applicants for lifeguard duty at Cape Henlopen State Park, Delaware Seashore Park, and Fenwick Island State Park. Unfortunately part of the problem is due to the low salary of $10.00 per hour.

As an experienced boating accident and drowning accident lawyer, I am very much well aware that the summer season brings its share of tragedies. However most boaters and swimmers must be aware of the dangers and as beach resorts derive a significant portion of their revenue from visitors why not pay a little bit more to hire qualified lifeguards. A survey indicated that nearby municipalities pay only one to two dollars more for lifeguards and have no problem filling the spots. Never skimp on safety.

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June 11, 2009

Hotel Crime and Security Concerns An Increasing Issue In Recession

Last month, two women were raped and assaulted in a prominent Boston hotel and additionally, two women were tied up in another New England hotel by an assailant dubbed “The Craiglist Killer”. A USA Today story reported an experienced hotel manager of a Northbrook Illinois hotel was followed into a room by a man and was tied up and choked.
With the downturn in the economy and the recession also comes increased security concerns at a hotel. A greater likelihood of more criminal activity. According to a story published in USA Today, Philip Farina, CEO of Enterprising Securities, a San Antonio company that links security programs for hotels, notes “We are absolutely seeing an increase in crimes at hotels”. Farina also notes that hard economic times are especially driving up incidents of theft including the amount perpetrated by hotel staff. Not so surprisingly, as hotels attempt to stay profitable they are cutting back on necessary security.

The experienced Philadelphia hotel security and inadequate security law firm of Reiff & Bily has been handling hotel assault cases and premise liability assault cases involving hotels since 1979. We believe and the law recognizes that the safety and privacy of hotel/motel resort and cruise ship guests should be the top priority for all owners and operators of the hospitality industry; however, this is often not the case.

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June 5, 2009

Two Sexual Assaults in One Month At Boston Hotels Raises Many Issues Of Concern

In April a woman was raped and beaten by a stranger in a parking garage of a well known Boston hotel. According to news sources, the Boston police department asked the Radisson Hotel, who owns the garage, to remain quiet about the attack stating that any publicity could “compromise their chance to catch the individuals” according to a hotel spokesman. Sources also revealed that the police arrested a suspect in the rape but only 11 days later after a second victim was attacked in a similarly violent fashion in the same garage. A controversy has now arisen regarding how much information should be released to the public about sexual assaults.

The same news article revealed that police departments across the country did not have uniform guidelines about releasing warnings to the public about a sexual predator. The Philadelphia police claim that they issue electronic bulletins to media outlets every time a woman reports being raped by someone she didn’t know. Lt. Frank Vanore, a spokesman for the Philadelphia police department, is quoted as saying “We feel it is important to notify the public because any one of these could be someone that is a predator”. According to news sources in the Boston case, the first attack occurred on April 19th in the garage at the Radisson Hotel Boston which is located downtown. At approximately 5:30 in the morning, a woman was on the 5th floor in the garage heading to work when a man asked her for directions. The police then say he attacked her and when she started to scream, police said he threatened to throw her to the street below. The attacker raped the woman repeatedly and then ran when he became aware of passerby. On April 30th, a woman identified her attacker from a photo but police could not locate him. At 3:00 a.m. the next morning, less than 12 hours after the alleged rapist was identified, police say he attacked again at the same location at the same garage but this time on the 2nd floor and the second woman claimed that the attacker dragged her by her hair, beat her and raped her. The suspect was arrested later that day.

Incidents like this are not isolated incidents and in fact, are more common than the general public is aware of. Another interesting issue is presented by this case, namely that hotel owners and hotel managers must take all reasonable and necessary steps to make sure that injuries, deaths and criminal activity does not occur to patrons, visitors or workers while on their property. Hotels have a general duty to reasonably protect guests from harm caused by other guests or non-guests and an affirmative duty to make the premises reasonably safe for their guests. An accident or criminal action that takes place on a hotel premises may be grounds for a hotel liability claim or lawsuit. In this instance, the hotel had prior notice of criminal activity on the premises. Hotels have a general obligation to protect their business invitee from “hidden dangers”. This may include the following: installing proper lighting in hallways, stairwells, parking lots and other dark areas and making sure that proper security is enforced when there is notice of criminal activity.

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May 19, 2009

Doctors Make Mistakes Increasingly Resulting In Unhappy Reality For Patients

On Monday, May 3, 2009 the Atlanta Journal Constitution featured an article noting that medical mistakes create unhappy realities. In the article, the following mistakes were highlighted: A surgical team at Northside Hospital was supposed to remove one of the patient’s breasts; however, performed a double mastectomy because of a mistake. At an Atlanta medical center, a surgeon drilled on the wrong side of a patient’s head before discovering the error. It also noted that at several Georgia Hospital’s doctors circumcised the wrong baby and doctors mistakenly operated on the wrong hand, knee, hip, leg and other body parts.

At the Philadelphia medical malpractice law firm of Reiff & Bily, we have noted that despite protocols and initiatives by a number of medical groups, we receive many calls to investigate and prosecute claims for wrong site surgeries, surgical sponges left inside individuals, as well as removal of body parts that were not intended to be removed. We have seen many cases where the doctor simply admits to the patient that he made an error but in many cases we see medical “cover-ups”. How often these incidences occur in hospitals in Pennsylvania and hospitals throughout the country is a well kept secret.

Last year there were 76 reports of wrong site incidences filed with statewide watchdogs in Pennsylvania. To the credit of the Commonwealth of Pennsylvania and as a result of the efforts of trial lawyers, an organization was formed focusing, collecting, analyzing and informing the public about patient safety issues. They suggested that patients take an active role to prevent medical errors and some tips to protect yourself are as follows:

1. Talk with doctors - Make sure you, your doctor and surgeon agree on what is to be done.

2. Read paperwork - When signing consent forms and working with schedulers make sure that they all have the correct information about the surgery, including which side is to be operated on.

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May 11, 2009

Philadelphia Elder Abuse And Nursing Home Abuse Lawyer Jeffrey Reiff Salutes Introduction Of Critically Needed Patient Safety Legislation

Nursing home abuse and elder abuse is simply inexcusable. The Philadelphia nursing home abuse law firm of Reiff & Bily recognizes that nursing home and assisted living residents are some of the most vulnerable and defenseless victims of personal injuries.

On May 4, 2009 Pennsylvania Congressman Joe Sestak announced the introduction of the Patient Safety and Abuse Prevention Act which would prevent those with criminal histories from working in long-term care settings by creating a comprehensive nationwide system of background checks. The legislation would expand a highly successful three year pilot program which would prevent more than 7,000 applicants with a history of substantiated abuse or a violent criminal record from working with and preying upon elders and individuals with disabilities in long term care settings. The Bill calls for states to establish coordinated systems that include checks against abuse and neglect registries and a State Police check which facilities can utilize on a voluntary basis. The measure also adds a Federal component to the background process by screening applicants against the FBI’s nation database of criminal history records. Apparently, thousands of individuals with a history of substantiated abuse or criminal record are hired every year to work closely with exposed and defenseless seniors within our nation’s nursing homes and other long term care facilities.

Statistics indicate that currently over 91% of all nursing homes and assisted living facilities are improperly staffed and the situation continues to worsen with the devastation of the economy. Most abuse cases are not reported and statistics reveal that the source of abuse often comes from improperly screened care givers. We anticipate and trust that Congressman Sestak’s proposed legislation will go to great lengths to reduce this alarming statistic and increased frequency of nursing home neglect.

At the Philadelphia nursing home abuse law firm of Reiff & Bily, we have successfully handled thousands of cases since 1979 recovering in excess of $150,000,000 for our clients. We believe that nursing homes and assisted living facilities must be held accountable for the poor treatment of our loved ones in their golden years. We have considerable personal experience with these matters and will work with you and our experienced team of experts and investigators to represent your rights. Call today for a free consultation with a nursing home or elder abuse and neglect lawyer to evaluate your nursing home negligence case at 1-800-421-9595 or online at www.reiffandbily.com.

May 5, 2009

Hydroxycut Users Beware

As many of you may or may not be aware, on May 1, 2009 the Food and Drug Administration advised people to immediately stop using the dietary supplement Hydroxycut which is linked to serious liver injuries and death. In its warning, the FDA identified 23 reports of Hydroxycut causing liver damage. The maker of Hydroxycut has also agreed to recall all Hydroxycut products. FDA recall notice.

Hydroxycut products are manufactured by Iovate Health Sciences Inc. of Ontario, Canada and distributed in the U.S. by Iovate Health Sciences USA near Buffalo, NY and is used by people trying to lose weight, as well as by bodybuilders looking to tone muscles. Because Hydroxycut is a dietary supplement it can be purchased in most grocery stores, health food stores and pharmacies. Hydroxycut products are heavily used as reports indicate that there were 9 million units sold in the United States in the last year.

We are investigating all Hydroxycut claims and reviewing cases where there has been liver failure, liver transplant or death from liver failure. Please feel free to contact the Reiff & Bily with any questions or concerns at 1-800-421-9595 or online at www.reiffandbily.com.

October 28, 2008

PENNSYLVANIA ELDER ABUSE LAWYERS Reiff & Bily SALUTE PENNSYLVANIA LAWMAKERS IN THEIR EFFORTS TO REVIVE BILLS TO PREVENT ELDER ABUSE IN PENNSYLVANIA

Pennsylvania Rep. Jim Wansacz ,D-114; Karen Boback, R-117; Frank Andrews Shimkus, D-113; and Ken Smith, D-112, sponsored various new bills aimed at preventing neglect of the elderly by individuals responsible for their care. The bills would toughen penalties for care givers when the neglect of individuals in their care results in death, setting new reporting requirements for neglect cases, requiring physicians to disclose any financial ownership in a long term care facility, as well as requiring the facility provide advance notice as residents are relocated.

As an experienced Philadelphia personal injury lawyer practicing elder law abuse and nursing home abuse, I have been astounded by the preponderance of the declining quality of care at nursing homes and its direct relationship to the economic and insurance crisis. Nursing home and elder abuse has come to the attention of many government agencies and many lax laws and financial webs created by private investment companies who have ownership interest in nursing homes have made it very difficult for plaintiffs who have suffered harm to succeed in court and for regulators to levy chain-wide fines due to the creation of complex corporate structures that obscured who controlled the homes. A recent report issued by Health and Human Services has found that nearly all nursing homes in the United States have received citations for health and safety violations in 2007.

When placing a loved one in a nursing home one expects, and is the right of the resident, to live in a clean, healthy, attractive and safe environment, to receive proper medical care, nursing care and rehabilitative and restorative therapy, and personal hygiene. Also, the residents have a right to be informed of his or her medical condition unless the physician indicates in the medical records that it is not in the best interest of the patient to be told. Nursing home and elder abuse is a crime against the sick, elderly and helpless. Although many cases of nursing home abuse exist, many law firms are afraid to go after the mighty Wall Street investment firms that have so cleverly created corporate webs to protect their investments.

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September 30, 2008

FALLING ASLEEP AT THE WHEEL NOT JUST LIMITED TO TRUCK DRIVERS, BUS DRIVERS OR OTHER COMMON CARRIERS - SURPRISINGLY AND SHOCKINGLY - 2 AIRLINE PILOTS WERE SUSPENDED FROM SERVICE DUE TO RECKLESS AND CARELESS OPERATION OF A COMMERCIAL PASSENGER AIRCRAFT

PA PERSONAL INJURY ATTORNEY, JEFFREY REIFF, SPEAKS OUT ABOUT THIS BELIEVE IT OR NOT STORY

According to a report issued by the Associated Press on September 24, 2008, two pilots for Hawaii’s Go! Airlines, who slept through their flight’s landing procedure, were suspended for careless and reckless operation of an aircraft according to the Federal Aviation Administration on Tuesday, September 23rd. Captain Scott Oltman, 54, was cited for failing to maintain radio communications and had his license suspended for 60 days and First Officer Dillon Shepley, 24, was suspended for 45 days. No action was taken against Go! Airlines because accordingly, “they did nothing wrong and provided the pilots with a 15 hour break before their shift, nearly double what the FAA requires”. The National Transportation Safety Board had determined that the two pilots fell asleep on a February 13th flight from Honolulu to Hilo. Captain Scott Oltman was later diagnosed with severe obstructive sleep apnea which causes people to stop breathing repeatedly, preventing a restful night of sleep. It is still unclear how both pilots fell asleep on a brief morning flight which was carrying 40 passengers. No problems were found after examining the aircraft’s pressurization and carbon monoxide level. The pilots failed to respond to nearly a dozen calls from air traffic controllers over a span of 17 minutes. In recordings obtained by the Associated Press, the controller was heard repeatedly trying to contact the pilots and talks to the pilot on another Go! flight in hopes of reaching Flight 1002. According to the AP report, finally after 44 minutes into what is normally a 45 minute flight, the controller was able to establish radio contact with the pilots. By that time, the plane had passed the airport at Hilo by 15 miles. The controller ordered the flight crew to return. (news article)

As I review this article, I am astounded, however not really so, as I think about the many cases we have handled involving commercial vehicles, including bus drivers and truck drivers and railroad workers where sleep apnea of “falling asleep at the wheel” was diagnosed as a major cause of fatal accidents. As noted in my September 5, 2008 blog, Federal regulations in the near future will mandate truck and bus drivers in safety sensitive positions to be tested for sleep disorders to decrease crash rates and fatalities. It was determined that many truck drivers, bus drivers and railroad workers suffered from a disorder known as obstructive sleep apnea, which was diagnosed as a major cause of excessive daytime sleepiness, leading people to fall asleep while sitting, reading and even driving. According to yearly statistics, more than 13,000 fatalities and 70,000 injuries were directly caused by drowsy driving. Surprisingly, 53% of Americans report driving while drowsy and another 19% have reported nodding off while behind the wheel, and another 23% of American drivers claim to personally know of someone who has crashed due to drowsy driving.

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September 10, 2008

SAFETY AND PRIVACY OF HOTEL GUESTS IS A TOP PRIORITY; ARE YOU REALLY SAFE WHEN YOU CHECK INTO YOUR HOME AWAY FROM HOME - A PENNSYLVANIA PERSONAL INJURY LAWYER SHARES HIS THOUGHTS

The safety and privacy of hotel guests should be the top priority for hotel owners and operators. Many times, this simply is not the case. Many hotels, cruise ships and apartment homes are actually full of poorly lit corridors, tunnels, nooks and crannies, and other places were crimes can be and are easily committed. Lack of security in hotels, motels, apartment houses and on cruise ships is a big issue for the tourism and rental housing industry and also an issue that we do not often hear too much about. Usually when we do hear about it, an easily avoidable tragedy has occurred.

Recently, a hotel security guard, with an unrevealed lengthy arrest record, sexually assaulted a teenage occupant of a hotel in Panama City Beach, Florida and then threw his victim from a sixth floor balcony, according to Panama City Florida police. The girl hit two lower roofs, landing in a second floor stairwell, suffering serious injuries. The security guard was questioned by police and released without realizing that he was wanted on an outstanding warrant from the State of Indiana. This attack happened at 1:00 a.m. at a Panama City Beach resort where the security guard was on duty and supposed to be protecting guests from such an event. Research after the violent crime indicated that the security guard had an extensive criminal history, including convictions for burglary, escape, auto theft and receiving stolen property, as well as shoplifting and marijuana possession charges. (article)

Hotel owners, apartment owners and cruise ship operators must be oriented towards security of their guests in today’s world and they must insure that the proper security equipment is installed, maintained and regularly used, and that security guards have their employment and criminal backgrounds properly checked. Technology is an important part in meeting today’s security requirements. Surprisingly, a survey conducted of hotel managers by The Cornell School of Hotel Administration revealed that most hotels made no changes to safety and security staffing or procedures in the year following the September 11, 2001 terrorist attacks. Many times horrific injuries and incidences occur at hotels and motels due to poor lighting, inadequate security, locks that do not function, and the lack of easily affordable and available technological security devices such as closed circuit cameras. Because of such inadequate security, many unsuspecting guests are robbed, shot, killed, rape, stabbed or assaulted in hotels, motels, shopping malls, apartment parking lots, office buildings, condos and/or cruise ships.

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August 3, 2008

PREVENTABLE LAWNMOWER ACCIDENTS ARE ON

THE RISE IN PENNSYLVANIA AND THE UNITED STATES

There are approximately 180,000 lawnmower accidents per year. Recently, featured on the CBS early morning news, was the case of Betty Forsythe, whose grandson suffered catastrophic injuries in Pennsylvania in a lawnmower accident. In the interview, Ms. Forsythe, of Duncannon, PA, noted that her grandson, Dylan, lost three fingers and one of his feet and stated “Children are fast, children are quick. If you are the parents or grandparents, if you are watching children, just don’t allow them to be in the same area where mowing is done”. In the same story, Dr. Scott Cozen of Shriner’s Hospital for Children, a specialist in pediatric and hand and foot surgery, indicated that he has treated dozens of children injured by lawnmowers and stated that lawnmower accidents are the number one cause of foot amputations in children nationwide. He noted that “either the child is riding on the mower with Grandpop or Dad and subsequently falls off and has a devastating injury while playing in the yard and the child is inadvertently run over. He further noted that the majority of the kids injured by lawnmowers are teenagers. Many teenagers are cutting the lawn for allowance, at which point the lawnmower gets stuck and they do something stupid such as putting their foot in, reaching their hand in and resulting in an amputation.

A lawnmower can be a dangerous machine causing catastrophic injuries and death if not used properly. Most lawnmower accidents are catastrophic with over half requiring amputations of toes, feet, legs or fingers. It is noted that the summertime is the most dangerous time for kids and lawnmowers. Apparently, children do not have an appropriate fear of power lawnmowers and with a parent mowing, they cannot hear the child running up so that even with backing up or going forward, the child can often end up under the mower.

Recently on the ABC “Good Morning America” show, the case of Henry Burmester, a 4 year old, was noted. Unfortunately, Henry Burmester‘s father accidently ran over Henry’s foot with the lawnmower. His Dad, Donald, was backing up the mower and never saw his son coming as the spinning blade hit the boy’s leg and foot. According to the report, the Burmesters began a campaign and non-profit organization called “Know Before You Mow” to alert parents and kids to the dangers of lawnmowers. It includes chilling public service announcements that demonstrate how quickly a child can run into trouble with a lawnmower.

The Pennsylvania personal injury attorneys of Reiff & Bily, we have been researching and handling product liability matters for approximately 30 years. Product liability law mandates that manufacturers have a responsibility and a legal obligation to produce safe products. Nowhere is this more important than in the manufacturing of both regular and riding lawnmowers.

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July 29, 2008

Large Truck Accidents – Hidden And Unknown Dangers Of Large Trucking Accidents

A large truck is any vehicle with a weight over 10,000 pounds. Every year in the United States, thousands of motorists and truck drivers are killed and seriously injured by the negligent and often unlawful operation of large trucks. Large trucks represent approximately 3% of all registered vehicles that are being driven in the U.S., yet they contribute to over 25% of the fatalities due to multiple vehicle auto accidents. The Pennsylvania truck accident lawyers at the Philadelphia law firm of Reiff & Bily have been researching and handling automobile and truck accident cases since 1979.

The Pennsylvania Department of Transportation (Penn DOT) reports that in 2005, heavy trucks were involved in 11.6% (or 173) fatal crashes out of a total of 7,321 truck crashes. Heavy trucks were more likely to hit passenger cars over any other type of vehicle with majority of crashes occurring on the highway.

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July 28, 2008

Flammable Clothing and Bedding Material – Are You Wearing Or Sleeping On A Dangerous Material?

Flammable clothing and bedding are very dangerous and often times cause death and disfigurement to unsuspecting consumers due to serious burn injuries. If your clothing catches fire, flames may spread quickly through the clothing, sometimes causing the material to melt onto your skin, and create severe and disfiguring burns all over your body. If you bedding catches fire, especially if you’re sleeping, your temple of relaxation could become a death trap. Depending on the type of fabric, textile construction, weaves, weight, and finish, as well as looseness of fit, certain materials, when ignited accidentally, can pose a serious risk of a burn injury or even death. The Pennsylvania burn injury and product liability lawyers at the Philadelphia law firm of Reiff & Bily have been researching and handling flammable clothing and bedding claims since 1979.

The one of the consumer product laws passed in 1953 was the Flammable Fabrics Act (FFA) to regulate the manufacture of highly flammable clothing due to an epidemic of burns from flammable children’s clothing in the 1940s. In 1967, Congress amended the FFA to expand coverage to include interior furnishings as well as paper, plastic, foam, and other materials used in wearing apparel and interior furnishings. Responsibility for administering the FFA was transferred to the Consumer Product Safety Commission (CPSC) when it was created in 1972. Under the FFA, the CPSC can issue mandatory flammability standards for manufacturers, importers, distributors, and retailers of fabric and garments. After standards for sleepwear were loosened in 1996, an increase in clothing burns among young children wearing loose sleep garments was observed. Despite efforts by the CPSC, injuries resulting from flammable clothing and fabric still remain a danger.

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