Philadelphia Injury Attorney Blog

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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Premises liability assigns blame to the owner of the venue where a violation is committed. A building code is generally a set of rules that sets forth guidelines for acceptable safety levels for constructed objects such as buildings, apartments, hotels, houses and other structures. These codes were enacted to protect public health, safety and general welfare of individuals as they relate to the construction and occupancy of buildings and structures.

I recently concluded a case where a young mother and her two year old daughter stepped on her apartment balcony, which was three stories above the ground, after which the balcony became unsecured from the premises, tilted to the ground causing the plaintiff to be thrown three stories resulting in a substantial and life altering injury. Our experts and structural engineers investigated the matter and determined that the balcony was never secured properly, was improperly maintained, and was never inspected in a proper and due fashion. A method of affixation of the balcony to the building was in violation of the building codes. The landlord’s failure to maintain and inspect the balcony was completely irresponsible and negligent, subjecting a rent-paying tenant to undue risk, harm and, ultimately, life changing injuries.

Building codes were established to set forth minimal acceptable standards necessary for protecting people and property. Normally, we hear about violation of building codes when a natural disaster strikes. However, many times owners of homes, buildings, or apartments attempt to save money by taking shortcuts in violation of local laws and building codes. For example, commonly electrical work is performed by non-licensed electricians. The fire prevention code limits the number of wires under each screw in a receptacle or switch. It appears safe to use but fires can occur when the second wire pops out from underneath the screw so one is maximum. Code also requires that outlets be placed every six feet along walls in most rooms and every two feet along kitchen counters to accommodate short safety cords on kitchen appliances. Also, all light fixtures must be grounded. In kitchens, there must be a 15 amp lighting circuit, as well as a separate circuit for the dishwasher and refrigerator and two 20 amp circuits for receptacles. Local and federal codes change regularly so it is important that the necessary research be committed before starting a project.

For approximately 30 years, the Philadelphia personal injury lawyers of Pennsylvania personal injury attorneys have been successfully prosecuting premise liability claims. Property and land owners are required to maintain their properties in such a way that it protects those who are lawfully upon the premises.

Continue reading "VIOLATION OF BUILDING CODES AND PREMISES LIABILITY IS YOUR APARTMENT, HOTEL ROOM OR OFFICE SAFE? " »

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

Posted In: Personal Injury , Premises liability , slip and fall

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The Ground You Walk On May Not Be As Safe As You Thought

Slip and fall accidents are the most common type of premises liability cases and occur on a daily basis in the United States and in Pennsylvania. The very ground you walk on can be unsafe if it is not maintained properly. Tile Safe reports that slip and fall accidents account for over 20,000 deaths per year in North America and over 540,000 accidents require hospital care. The Pennsylvania slip and fall lawyers at the Philadelphia law firm of Reiff and Bily have been researching and successfully handling slip and fall cases since 1979.

Even the best maintained property can have problems, which can lead to serious injury. Over time, smooth surfaces can become uneven and useful items such as a drainage system can become a hazard. The three main types of accidents are: (1) trip and fall, where a foreign object or defect (like a cracked sidewalk) is the primary cause of the fall; (2) slip and fall, where there is an inconsistent grip on the floor or bottom of a shoe; and (3) step and fall, where an injury is caused by a hole or dip in the walking surface.

Slip and falls can occur anywhere and are most common at casinos, restaurants, movie theaters, public buildings, hotels, school, or houses of worship. If unsafe property caused injury the property owner could be liable for monetary damages to the injured party. To prove liability, one of the three situations must apply: (1) the property owner or employee caused the unsafe condition and the subsequent slip and fall accident (like spilling something and not cleaning it up); (2) the property owner or employee knew about the condition but did not try to correct it or warn about the unsafe condition; or (3) the property owner or employee should have known about the danger because a "reasonable person” would have found the problem and taken steps to prevent possible injuries. A "reasonable person" is someone who makes regular and thorough efforts to keep the property safe and clean under the current circumstances.

Continue reading "Slip And Fall Injuries In Pennsylvania" »

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

Posted In: Personal Injury , slip and fall

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