Philadelphia Injury Attorney Blog

THE RESULT: GAMERS MAY BE OFFERED REDUCED INSURANCE RATES

As a Philadelphia personal injury attorney, there is probably not a week that goes by that I am not involved in an insurance claim situation with Allstate Insurance Company. I recently came across a story that intrigued me.

Allstate, the company that allegedly puts you in “good hands” apparently believes that people who play computer games have “good hands” and reflexes as well and is testing a program in the Commonwealth of Pennsylvania whereupon it may offer reduced insurance rates to individuals who play computer games. Apparently Allstate Insurance Company has hypothesized that gamers have improved mental agility over non-gamers and as a result have improved driving response times. Go to www.allstate.com to view a demonstration of the “InSight” software. This in turn could lead to better safety records which could result in fewer insurance claims that Allstate would need to pay. According to the report (issued by Allstate on October 1, 2008), for the time being, Allstate is simply testing its hypothesis in older gamers. In its pilot program called “InSight”, Allstate is providing 100,000 Pennsylvania customers age 50 to 75 with specialized computer games with a games developer monitoring the total number of hours that drivers play. In true experimental fashion, the groups accident’s rates will then be compared to a control group. Tom Warden, an Assistant Vice President of Allstate, states that people in their 50's and 60's have the lowest accident rates of all drivers, but the rate shoots up again in their mid-60's. Mr. Warden hopes that the gaming experiment will improve older drivers brain fitness and notes that Allstate recommends at least 10 hours of game playing/training. The games being tested in the pilot program are something along the lines of a pop cap games title or something you would find on X box live arcade, Playstation network or Wii Ware. Allstate is running the program with the Commonwealth of Pennsylvania this year, but it plans to decide in 2009 whether to roll it out to other states.

At the Philadelphia personal injury firm of Reiff and Bily, we salute the efforts of Allstate to improve driver safety and save their insureds money in these difficult economic times.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Personal Injury

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The Virginia based Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute determined that 13 booster seats failed to properly position and protect children during a crash.

The Institute which conducts crash studies of new vehicles did not recommend the following seats:

Compass B505
Compass B510
Cosco/Dorel Traveler
Evenflo Big Kid Confidence
Safety Angel Ride Ryte
Cosco/Dorel Alpha Omega
Cosco/Dorel (Eddie Bauer) Summit
Cosco Highback Booster
Dorel/Safety 1st (Eddie Bauer) Prospect
Evenflo Chase Comfort Touch
Evenflo Generations
Graco CarGo Zephyr
Safety 1st/Dorel Intera

IIHS President, Adrian Lund, said that the 13 boosters “may increase restraint use by making children more comfortable but they don’t position belts for optimal protection”. Evenflo released a statement stating that it conducts extensive tests and that IIHS study was “misleading as it fails to consider the real world use and performance of seats tested”. Evenflo further remarked that they had sold more than 4 million units of the seats studied by the Institute and “we are not aware of a single incident in which a child was injured as the result of improper fit”. Other child seat manufacturers noted that their products meet or exceeded Federal regulations. Dorel Juvenile Group stated “it welcomes the opportunity to review the evaluation conducted by the IIHS”. Graco Children’s Products stated in a statement that “safety is always a top priority and nothing is more important than the well being of the children that use their products”.

Continue reading "13 CHILD BOOSTER SEATS RECEIVE A POOR RATING ACCORDING TO REVIEW BY THE INSURANCE INDUSTRY AND RESEARCHERS - PHILADELPHIA DEFECTIVE CHILD SEAT ATTORNEY, JEFFREY REIFF, WEIGHS IN" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Catastrophic loss , Child Safety Seats , Personal Injury , Product Liability

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PENNSYLVANIA HOTEL LIABILITY LAWYER, PENNSYLVANIA HOTEL LIABILITY LAWYER, JEFFREY REIFF, WEIGHS IN

According to a story published on September 28, 2008 by the Sunday News in Lancaster, Pennsylvania, inspectors for the Pennsylvania Department of Agriculture, responding to consumer complaints at the Holiday Inn in Lancaster County, were surprised when they found a laundry list of offenses. According to the article, when the hotel’s walk-in refrigerator failed, hotel employees moved the contents to a guest room for cooling. The room’s air conditioner was turned all the way down to 65 degrees, 25 degrees higher than the maximum temperature allowed by Pennsylvania State Health guidelines. On the same day of the food inspection, the Pennsylvania Bureau of Liquor Control Enforcement Officers searched the hotel and found that it was selling liquor without a license and had been doing so for over a year when the ownership changed hands and new owners never sought to renew the liquor license. It is reported that Treasury officials claim that the hotel had failed to pay taxes since July 21st and it is impossible to determine how much the hotel owes due to the fact that the figures come from the hotel’s monthly reports which are not accurate or complete either (according to the report). According to records, the State Department of Revenue placed a lien on the property for $29,259.28 in unpaid sales taxes for November and December 2007. Employees of the hotel paint and even grimmer picture for this Lancaster County Holiday Inn. They state that paychecks have been late, have been bounced and they have been paying insurance premiums out of their paychecks, yet, this hotel is not actually carrying insurance, according to reports.

One employee found this out the hard way when he went in for surgery and was told he did not have insurance, even though he had been paying for it through his employer. It was further reported that housekeeping employees have been instructed to rinse out and reuse disposable supplies in guest rooms. This included refilling used shampoo bottles and rinsing out and reusing trash bags. It was further reported that utilities and cable have been shut off at the hotel for failure to pay bills and that the building has failed fire code inspections as well.

Continue reading "HOLIDAY INN IN LANCASTER COUNTY, PENNSYLVANIA DOESN’T PLAY BY THE RULES - ARE THEY PUTTING THEIR CUSTOMERS AT RISK?" »

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Posted In: Catastrophic loss , Inadequate Security , Personal Injury , Premises liability

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PHILADELPHIA NURSING HOME ABUSE ATTORNEY, JEFFREY REIFF, WEIGHS IN

According to a study referred to by Robert Pear in the New York Times on Monday, September 29, 2008, more than 90% of nursing homes were cited for violations of Federal Health and Safety standards last year, and for profit homes more likely have problems than other types of nursing homes, Federal investigators stated in a report issued Monday, September 29, 2008. According to the article, about 17% of nursing homes had deficiencies that caused “actual harm or immediate jeopardy” to patients according to a report by Dr. Daniel R. Levinson, the Inspector General of the Department of Health and Human Services. (New York Times article).

Problems included bed sores, medication mixups, poor nutrition and abuse and neglect of patients. Inspectors received 37,150 complaints about conditions in nursing homes last year and this substantiated 39% of them the report said. About 1/5 of the complaints verified by Federal and State authorities involved the abuse or neglect of patients.

About 2/3 of nursing homes are owned by for profit companies, while 27% are owned by non-profit organizations and 6% by government entities according to the report. The Inspector General noted that 94% of for profit nursing homes were cited for deficiencies last year, compared with 88% of non-profit homes and 91% of government homes.

“For profit nursing homes have a higher average number of deficiencies than other types of nursing homes,” Mr. Levinson said. “In 2007, for profit nursing homes averages 7.6% deficiencies per home, while non-profit and government homes averaged 5.7 and 6.3% respectively”. On Monday, Mr. Levinson issued a compliance guide for nursing homes that says some homes have “systematically failed to provide staff in sufficient numbers with appropriate clinical expertise to serve their residents”.

Continue reading "94% OF NURSING HOMES WERE CITED FOR VIOLATIONS OF FEDERAL HEALTH AND SAFETY STANDARDS LAST YEAR - FOR PROFIT HOMES MORE LIKELY TO HAVE PROBLEMS THAN OTHER TYPES OF NURSING HOMES CLAIM FEDERAL INVESTIGATORS " »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Catastrophic loss , Nursing Home Abuse/Neglect , Personal Injury , slip and fall

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I am always amazed when I read the news and come across a case of first impression. In this case, according to news sources from the Associated Press, a West Virginia man who police say passed gas and fanned it towards the patrolman was charged with battery on a police officer. Many enjoy a good “fart” joke - but this is not a joke.

According to the newspaper article, Jose Cruz, 34, of Clarksburg, West Virginia, was pulled over Tuesday night for driving without headlights, police said according to the complaint. Police stated that Mr. Cruz smelled of alcohol and had slurred speech and failed three field sobriety tests before he was handcuffed and taken to the police station for a breathalyser test. As Patrolman T. E. Parsons prepared the breathalyser machine, Cruz scooted his chair towards Parsons, lifted his leg and “passed gas loudly”, according to the criminal complaint. Cruz, according to the complaint, then fanned his odorous gas towards the officer. Patrolman Parsons alleged in his complaint that the gas was very odorous and created contact in an insulting and provoking nature. The defendant Cruz acknowledged passing the gas but claimed in his defense that he did not move the chair towards the police officer nor aimed his gas towards the patrolman. He stated he had an upset stomach at the time but the police denied his request to go to the bathroom when he first arrived at the station. “I couldn’t hold it anymore”, he said. Cruz commented, this is ridiculous. I could be facing time. I guess the moral of the story in our continuing efforts to inform and advise our clients is to hold it in if you are near a police officer or you too could be potentially arrested for a criminal offense. (news article)

This informational bit of legal knowledge is “passed” on to you by the Philadelphia personal injury law firm of Reiff and Bily. We have been zealously representing injured clients for almost 30 years. If you or a loved one has suffered an injury, please contact us at 1-800-421-9595 or visit our website at www.reiffandbily.com.

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Posted In: Personal Injury

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PHILADELPHIA CATASTROPHIC INJURY LAWYER CALLS FOR MORE REGULATIONS AND OVERSIGHT BY GOVERNMENT AUTHORITY AS THESE INCIDENTS BECOME MORE PREVALENT WITH SEVERE CONSEQUENCES

Just over a week following the catastrophic commuter rail collision in Los Angeles that killed 25 people involving the operator/engineer text messaging another preventable accident occurred in Ocala, Florida when a truck driver rear-ended a school bus on Tuesday, September 23rd, killing a 13 year old and injuring other students while he was on his cell phone just before impact. Pennsylvania personal injury lawyer, Jeffrey Reiff, has been an advocate of limiting cell phone usage by vehicle operators for many years.

A Florida highway patrol report indicates that Reinaldo A. Gonzales, age 30, of Orlando, Florida told investigators that he had been on the phone just before the 1991 Freight Liner he was operating slammed into the stopped school bus. The police report indicated driver distraction, careless driving, and possible faulty brakes as contributing factors of the crash on U.S. 301 south of Citra, Florida. Surprisingly, Gonzales, the operator, was not charged and not in police custody. Investigators were also investigating other factors that may have contributed to the crash, including Gonzales’ driving log to learn how long he had been behind the wheel and the Department of Transportation records indicating that his rig had been sidelined for 12 ½ hours before the crash for faulty brakes. An early report of the crash also revealed that Gonzales’ truck was inspected at a weigh station on Interstate 95 and was taken out of service for brake problems. The Florida Department of Transportation rules require that when a truck is taken out of service, the problem must be fixed before the vehicle is allowed to continue. Also, it is noteworthy that on April 12, 2007 transportation officials sidelined the Gonzales truck for having a broken headlight and having three tires with minimal tread, according to DOT records. Failing to fix a safety problem after a truck is taken out of service can relate to a $2,500 fine and loss of the driver’s commercial driver’s license. Witnesses at the scene of this accident said there was no indication that Gonzales tried to stop before crashing into the bus. Gonzales, who was the owner/operator of the rig, told another truck driver that he did not see the school bus. Gonzales had a history of additional DOT safety infractions since getting his license to drive commercial tractor/trailers in 2005 but none were serious enough to sideline him. (video)

Continue reading "CELL PHONE USAGE BY OPERATOR CAUSES TWO MAJOR CATASTROPHIC INCIDENTS IN THE UNITED STATES IN SEPTEMBER 2008" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Personal Injury

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Physically unharmed plaintiffs may still collect emotional distress damages in strict product liability cases the Pennsylvania Superior has ruled in a case of first impression. A three judge panel voted 2 to 1, with Judge Orie Melvin concurring and dissenting, to uphold a $4.5 million dollar jury verdict in favor of two people, one of whom was killed and the other was seriously injured by a flying fire hose and to three close relatives who witnessed the accident but sustained no physical injury. Defendants argued that Pennsylvania law does not recognize awards for emotional distress under a theory of strict liability and also argued that under Pennsylvania law negligent concepts are “distinct from the product liability doctrine”.

A majority in Schmidt v. Boardman, led by Judge Cheryl Allan, called those arguments meritless. “We conclude that in Pennsylvania, a bystander-plaintiff who witnesses injury to a close relative can recover emotional distress damages when the injured person’s underlying cause of action is based on strict product liability rather than negligence” wrote Judge Cheryl Allan. Judge Allan was joined by John T. Bender. Attorney Arnd N. von Waldow of Reed, Smith in Pittsburgh, who was handling the appeal for defendant-manufacturer, said that he and his clients were planning to appeal the ruling and that this decision will not be the last word. For information on this case and the ruling, please see Schmidt v. Boardman Company, 2008 PA Super 203 (Pa.Super.CT. 9/2/2008). (opinion)

Continue reading "EMOTIONAL DISTRESS DAMAGES OKAYED IN PRODUCTS LIABILITY CASES SAYS THE PENNSYLVANIA STATE SUPERIOR COURT IN A CASE OF FIRST IMPRESSION" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Catastrophic loss , Personal Injury , Product Liability

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According the Wall Street Journal, Federal Regulators have turned to retailers to conduct two huge recalls of potentially dangerous cribs and bassinets. This is an unusual request highlighting gaps in a recall system based on voluntary action by manufacturers and has lead all marked stores and other retailers to get tough with a Reading, Pennsylvania company. According the Wall Street Journal, recalls of the Simplicity brand of children products from last month of 900,000 convertible bassinets and another on Wednesday of 600,000 cribs have saddled retailers with headaches and expenses and halting product sales and issuing customer refunds. Many retailers are seeking compensation from the new owner of the Simplicity brand, SFCA, Inc. of Reading, PA, which bought the assets and brand of Simplicity Inc. at a public auction in April, after the company went out of business the month before. SFCA says it is not liable for products made before the acquisition and has refused to conduct a recall of the defective goods which have been linked to several infant deaths. SFCA still argues that although it is not liable for the recalled products, it says “it values its good relationship with its retail customers” and is “working in close cooperation with retailers to help facilitate all aspects of the recall”. Initially after removing all Simplicity bassinets from its 3,500 stores and its website, WalMart said it has returned to its store shelves the models deemed safe and still carries Simplicity products that are made by the defunct manufacturer. For more information on this story, please link to the Wall Street Journal article. (Wall Street Journal article)

Continue reading "FEDERAL REGULATORS HAVE TURNED TO RETAILERS TO CONDUCT TWO HUGE RECALLS OF POTENTIALLY DANGEROUS CRIBS AND BASSINETS - RETAILERS ARE SEEKING COMPENSATION FROM A READING, PA COMPANY - PHILADELPHIA PRODUCTS LIABILITY LAWYER, JEFFREY REIFF, EXPLORES LOOPHOLE" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Catastrophic loss , Personal Injury , Product Liability

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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.

Continue reading "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" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Catastrophic loss , Negligence , Personal Injury

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PENNSYLVANIA INSURANCE CLAIMS AND PERSONAL INJURY LAWYER, JEFFREY REIFF, REITERATES HIS ADVICE TO CLIENTS - REMAIN CALM - DO NOT PANIC - THE STATE INSURANCE COMMISSION HAS THE SITUATION UNDER CONTROL WITH AIG

Pennsylvania Insurance Commissioner, Joel Ario, informed AIG Policyholders in Pennsylvania that the Insurance Commission’s most recent examination of AIG Companies indicate that they are financially sound and their insurance policies are safe. “Making sure that insurance companies are financially stable is a top priority with the Rendell administration”, stated Commissioner Ario. Ario further stated “I want to insure Pennsylvania policyholders that AIG Insurance Companies doing business in our Commonwealth are solid and have the assets needed to pay present and projected claims”.

As my previous blogs have noted, we have received calls of concern from AIG insureds or from plaintiffs who have claims against AIG insureds and we have told them not to panic, that all will be fine.

While it is understandable that many consumers are concerned and have questions concerning their claims or their policies, the state has financial safeguards in place as outlined in my blog of September 22, 2008. On a national level, the National Association of Insurance Commissioners (NAIC) has established a working group to oversee AIG’s insurance interests and coordinate with federal regulators as needed. Pennsylvania Insurance Commissioner, Ario, serves as a Vice Chairman of this Committee.

Continue reading "AIG UPDATE - UPDATE FOR CONCERNED PENNSYLVANIA INSUREDS AND CLAIMANTS" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Personal Injury

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Kamar Jackson, age 29, was killed in a hit and run accident last Saturday. The suspect, Carlos Rodriguez, turned himself in a day after the accident after the Jackson family pleaded for the driver to so. According to news sources, Rodriguez eventually admitted to being in a strip club and getting behind the wheel of his SUV while drunk. (news article)

On September 16th, I noted in my blog that Pennsylvania legislature Rep. David Reed was looking to change provisions in Pennsylvania law to close a loophole that some say actually encourages people who are under the influence to leave the scene of an accident, as was the case with Carlos Rodriguez.

The Philadelphia hit and run lawyers at the Philadelphia personal injury and hit and run accident law firm of Reiff and Bily salute Representative David Reed and all like-minded legislators who sponsor legislation that was heard in the State House Judiciary Committee earlier in September.

Continue reading "YET ANOTHER HIT AND RUN ACCIDENT BY A DRUNK DRIVER CLAIMS THE LIFE OF EAGLES’ STAR JAMAAL JACKSON’S BROTHER" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Hit-and-Run , Personal Injury

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