Philadelphia Injury Attorney Blog

I was driving out of my driveway the other morning when gusts of winds caused tree parts and branches to come falling down and I narrowly avoided one while driving down the roadway in my car. Many times when high winds sweep across an area, signs and other attachments to buildings which are not often properly installed can become loose, fall, and create a catastrophic consequence. Blowing debris is a major cause of damage during strong winds. Over the years, we have represented several clients who were injured due to flying roof shingles, construction site debris, and even a sign which blew off its hinge.

In one of our significant cases, the owner of a property had a “sick” tree on his premises which blew over and crushed a lady due to high wind. We were able to establish that the owner of the property knew or should have known that the tree was in a diseased state and should have been properly removed from his property as it possessed a danger of hazard in conditions such as the ones that were presented.

In Pennsylvania, a landowner or property owner must assume responsibility for the care and preservation of his own property and along with the benefits derived from the property, ownership brings certain obligations. If your property is not monitored and cared for properly with regard to safety defects, it can become a latent liability for the owner of the property. Many property owners fail to recognize that part of the legal duty to maintain their premises in a safe and hazard free condition include trees and roofing. It is important to properly inspect the property, as well as the health of trees, to reduce hazardous condition and prevent injuries to innocent passersby.

If you or a loved one has been injured by falling debris, please feel free to contact one of our experienced Philadelphia premises liability lawyers for a free no obligation consultation to fully investigate and examine your rights.

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

Posted In: Premises liability

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The City of Philadelphia stepped to the plate and temporarily shut down two center city restaurants and a high rise apartment building on Monday, February 1, 2010 due to high levels of an odorless but deadly gas known as carbon monoxide. According to the Philadelphia Inquirer, the restaurants Capital Grille and Olive Garden will be closed for three to four days due to the fact that Philadelphia inspectors found carbon monoxide readings as high as 3,800 ppm in one of the eateries. Levels of carbon monoxide above 70 ppm can cause headache, fatigue and nausea and a sustained carbon monoxide concentrations above 150 to 200 ppm disorientation, unconsciousness and even death are possible according to the United States Consumer Product Safety Commission.

At the Philadelphia premises liability law firm of Reiff and Bily, we have learned of many tragic situations involving failure of carbon monoxide monitors and death and illness of unsuspecting victims. If you have been exposed to carbon monoxide, it is important to get proper and prompt medical attention. It is also very important to retain the services of a trained professional to determine the source of the carbon monoxide and have it repaired as soon as possible before returning to the premises.

Carbon monoxide is the leading cause of accidental poisoning death in the United States and this odorless, tasteless and colorless gas is known as the silent killer. If you have been exposed to carbon monoxide poisoning, early symptoms include but are not limited to headaches, nausea and fatigue which are often mistaken for the flu. In one of the cases we were consulted on last year, a number of people were visiting a hotel at the Jersey shore when they claimed they were feeling lethargic, tired and exhibiting flu-like symptoms. Medical examinations revealed that they were suffering from carbon monoxide poisoning due to a faulty heating system and lack of proper ventilation. Some individuals are more susceptible to carbon monoxide poisoning than others namely infants, elderly people and those suffering from anemia, respiratory or heart disease.

If you or a loved one has been injured as a result of carbon monoxide poisoning, the experienced Philadelphia premises liability lawyers of Reiff and Bily can help you. Please feel free to contact us for a free, no obligation evaluation of your claim.

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Posted In: Carbon Monoxide Poisoning , Premises liability

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Recently a woman who fractured both ribs when she fell off a bouncing and balance device at her gym recovered over $1 million dollars. The 49-year old woman fell off a Bosu balance trainer during a session with her personal trainer and claimed that she suffered from complex regional pain syndrome. The woman sued the trainer and the gym claiming that the trainer had her use the equipment in an improper manner. She also sued the maker of the exercise device claiming that the warnings were inadequate. The jury awarded her $2.1 million dollars but a high/low agreement capped the award at $1 million dollars. The jury exonerated Fitness Quest, the maker of the Bosu device.

In the past, the experienced premises liability and catastrophic injury lawyers of Reiff and Bily have represented a karate student who sustained permanent injuries when struck by an instructor. Additionally, we have successfully litigated a case in which a client was permanently injured during the introductory period for a membership to gyms.

If you or loved one has been injured by a personal trainer or at a gym and would like a free consultation to discuss your rights, please feel free to contact one of our experienced premise liability and personal injury lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Premises liability

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A U.S. District Court judge, James M. Munley, ruled that a woman from Moscow who was sprayed with deicing fluid while boarding a plane at the Wilkes-Barre/Scranton International airport can sue the commuter airline (Mesa Airlines) and the company that deiced the plane. The victim claims that she sustained severe and permanent injuries to her eyes and neck and severe permanent shock to her nerves and nervous system. She was initially treated by attendants on the plane and flew to Philadelphia where she changed planes for a flight bound to Orlando, Florida. When the plane arrived in Orlando, she went to the hospital to seek more treatment and according to news sources, the victim claims she has ongoing problems with her vision and suffers from a lack of eye tearing.

At the Philadelphia airline and premises liability law firm of Reiff and Bily, we have been successfully prosecuting claims against airlines and airports for injuries that occur while traveling on airplanes, entering or exiting airplanes or while on premises associated with airplanes including but not limited to airports and jetways. As airline travel becomes more analogous to Greyhound bus travel, it seems that many airline agents, servants, and employees do not take customer safety as seriously as they once did often resulting in easily preventable injuries.

If you or a loved one has been injured in an airplane or airport, please contact one of our experienced lawyers for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Premises liability

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Many times when one goes to a hotel and takes a shower in a bathtub, we easily assume that the bathtub is safe and treated with a non-skid surface. Unfortunately all too often this is not the case. Many times hotel employees fail to follow the manufacturers’ guidelines for cleaning bathtubs by using certain cleaning products or abrasives and the non-skid surface is removed. Not only may the bathtubs be slippery but it is often the case that there is an improperly installed grab bar that can rip from the wall or is poorly positioned.

The hotel safety and premises liability lawyers of Reiff and Bily have handled many cases involving hotel bathroom safety and hotel slip and falls. In one of our cases our client grabbed the bathroom grab bar to help him get out of the tub yet it pulled out of the wall causing him to fall to the ground seriously injuring his knee and shoulders. The law in Pennsylvania mandates that hotels must exercise reasonable care for the safety concerns of their guests, in or out of a tub. Hotel operators are liable for bathroom accidents where they knew or should have known of a defect. Hotels have a duty to their guests to inspect bathrooms daily by housekeeping personnel as well as conduct periodic engineering inspections and follow the manufacturers’ guidelines for the maintenance of all bathroom products including but not limited to bathtubs.

If you or a loved one has been injured in a hotel as a result of a slip and fall or a bathroom accident, please feel free to call one of our experienced premises liability and hotel safety lawyers for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Premises liability

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According to hotel industry statistics, slip and falls and premise liability claims account for almost half of all guest accidents at hotels. Bathrooms and bathtubs are among the top five places they occur. According to hotel industry experts, the use of marble and other smooth, easy to clean materials, combined with a lack of federal and state standards for hotel bathtub safety means an increase in slip and fall accidents.

Many times in our law practice we have determined that hotels do not follow manufacturers’ guidelines for cleaning and instead use abrasive cleanser on bathtubs, removing their non-skid surfaces. Most bathtubs have a factory installed slip resistant etching which is removed by common use of such cleaners. Also, many hotel bathrooms do not have grab bars which is an easy safety feature to add to a bathroom. Recently, one of our clients sustained a catastrophic injury of a permanent nature due to a fall in an improperly maintained hotel bathtub. Although a hotel is not an absolute insurer of your safety, they owe their guests a duty to permit a safe occupancy and avoid any dangers they knew or should have known about.

If you or a loved one has sustained a slip and fall accident, or any type of premise liability accident while a guest at a hotel, please feel free to contact one of our experienced slip and fall lawyers and inadequate hotel security lawyers at the Philadelphia catastrophic injury law firm of Reiff and Bily for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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According to news sources, Philadelphia police made an arrest in the violent robbery of two tourist at the Philadelphia Marriott located at 12th and Market Streets. According to the news sources, police claimed that Anthony Thomas, 28, of West Philadelphia followed a 52-year old female guest from the elevator to her room shortly before 4:00 p.m. on Sunday, August 30th. Investigators claim that a knife was put to the throat of the hotel guest and she was robbed. Lt. Frank Vanore of the Philadelphia police stated “He drew knife, he cut the female across the mouth and face and proceeded to demand money from her and threatened to kill her during the course of the incident”. Police also reported that on August 6th, Mr. Thomas forced his way into the room of a Marriott guest from Sacramento, California and robbed her at knife point. Police suspect that the assailant may be involved in a number of other recent robberies in center city Philadelphia.

Inadequate security lawyer, Jeffrey Reiff, of the Philadelphia inadequate security and premises liability law firm of Reiff and Bily has been successfully representing the rights of negligent security cases on behalf of victims of physical assaults or robberies since 1979. The safety and privacy of hotel and motel guests should be the top priority for owners and operators of hotels. However, many times we find this is simply not the case. Because of inadequate security at hotels and motels many unsuspecting guests are robbed, shot, killed, raped, stabbed or assaulted in parking lots, corridors, hallways, rooms or other common areas. Many times there is a breakdown in the property owners security system which cannot only encourage criminal activity but can also result in the property owner’s liability to the crime victim for negligence. First and foremost, our thoughts go out the victims and their families, we hope that these fine and unsuspecting individuals recover quickly and completely from their injuries.

Continue reading "Prominent Philadelphia Hotel Is the Scene Of Violent Assault and Robbery Of Tourists" »

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Posted In: Inadequate Security , Personal Injury , Premises liability , physical assault , rape , robbery , stabbing

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It is an unfortunate fact that as the summer season comes, so do water and pool-related injuries and deaths. Approximately 10 water-related deaths per day are related to drowning. Additionally, 700 people die each year in boating-related accidents. According to the CDC more than 1 in 4 fatal drowning victims are children aged 14 and younger. For every child who drowns, another 4 receive emergency treatment for non-fatal submersion and brain injury. Non-fatal drownings often cause brain damage resulting in long-term disabilities including memory problems, learning disabilities and a permanent loss of basic functioning. The CDC determined that the major risk factors for swimming pool accidents and/or drowning are lack of barriers and supervision. Almost all young children who drown in pools were last since in the home, had been out of sight less than 5 minutes and were in the care of one or both parents at the time. All pools should have pool fencing which can help prevent children from getting access to the pool area without care giver awareness. With adult or adolescent deaths there is generally a ratio of alcohol use with a drowning or pool injury. Alcohol influences balance, coordination and judgment and its effects are often heightened by sun exposure and heat.

The experienced Philadelphia swimming pool accident and injury lawyers of Reiff and Bily recommend that you take the following steps to help prevent pool or water related drowning or injuries.

1. Designate a responsible adult to watch young children while swimming or playing in or around water. Adults should not be involved in any other distracting activity such as reading, playing cards, talking on the phone or mowing the lawn while supervising children.

2. Always swim with a buddy.

Continue reading "Protect The Ones You Love From Drowning" »

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Posted In: Brain Injury , Catastrophic loss , Personal Injury , Premises liability , Swimming Pool and Hot Tub Accidents , Wrongful Death

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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 and 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.

Continue reading "Hotel Crime and Security Concerns An Increasing Issue In Recession" »

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

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According to news sources, a two year old boy was struck and killed by a roller coaster as he slipped away from his parents and ran onto the tracks in an amusement park in London. An official affiliated with the amusement park stated “There would have been a barrier surrounding the roller coaster but he must have found a way around it.” I have written on a number of occasions that amusement parks and carnivals are a child’s playground and a favorite for families but an often unknowingly dangerous form of entertainment for families and young people. I personally have experienced and witnessed a few catastrophic amusement park accidents and had a close call with my own family when two people were killed as a result of an amusement malfunction in Ocean City, Maryland once again on a kiddie roller coaster.

Amusement parks and carnivals operate under a serious loophole in the Consumer Product Safety Act of 1981 prohibiting the CPSC from regulating the safety of rides fixed to a specific site. Unfortunately, regulation and inspection of “fixed site” amusement rides are left up to state or local municipalities and as a result every site varies from good to none and there is no official source who keeps an official record of amusement park accidents.

Accident data for most amusement parks is a well guarded secret and we only hear about the catastrophic incidences. The amusement park industry is highly unregulated and there is not a uniform system for reporting injuries, creating a serious danger when amusement parks police their own accidents. Many times, innocent customers and consumers are left in the dark about which amusement park is safe to visit and which rides are safe for their families, creating real dangers for families and their precious children. Unfortunately with the downturn of the economy, many parks have cut corners on safety and no longer staff the load and unload positions of rides and leave maintenance and supervision many times to high school and college students working on a temporary basis who are entrusted to operate these rides with minimal training. Many times amusement park personnel, including operators, are not paying attention to the precious cargo on the ride.

Continue reading "Roller Coaster Killing Illustrates Amusement Park Dangers" »

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Posted In: Amusement Parks , Catastrophic loss , Negligence , Personal Injury , Premises liability , Wrongful Death

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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.

Continue reading "Two Sexual Assaults in One Month At Boston Hotels Raises Many Issues Of Concern" »

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Posted In: Inadequate Security , Negligence , Personal Injury , Premises liability , Wrongful Death

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A young man and his sister were playing at a playground inside a Burger King Restaurant in August 2005 when the young boy fell injuring his lungs and sustained a traumatic brain injury and closed head trauma. The playground structure at Burger King included a fireman’s pole and monkey bars and had no rubber matting beneath it, just tile. Not so surprisingly, the defendant’s allegedly claimed that the responsibility for watching the children was with the father; however, the father and his family maintained in the lawsuit that there is an expectation of safety inherent in these types of situations. Furthermore, they alleged that warning signs were not posted at the particular restaurant where the young man fell even though other restaurants in the Burger King chain had posted warning signs. Injuries to the young man resulted in hospitalization for four months and today he is still undergoing rehabilitation for significant brain damage.

When an individual enters a restaurant such as Burger King or any other business for that matter, the owner and operator of that premises owes you the highest duty of care. In Pennsylvania, a person harmed by an unsafe condition on another’s property may have a case for monetary compensation. Premises liability accidents such as this often produce catastrophic and extremely painful injuries such as spinal cord damage, broken bones, dislocated joints, as well as traumatic brain injuries. Another common premise liability claim also involves inadequate security or failure to warn of a dangerous condition or defect.

The premises liability lawyers at Reiff and Bily are committed to protecting the rights of individuals injured when on the premises of another. Reiff and Bily provides free online evaluation for all premise liability claims. You may contact us for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com. We are also involved with swimming accidents, casino accidents, hotel accidents and cruise line accidents.

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

Posted In: Catastrophic loss , Personal Injury , Premises liability , playground accidents

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As an experienced Pennsylvania Dram Shop and premises liability lawyer practicing since 1979, I am all too familiar with a fact with which many of my readers may not be aware. Mainly that if you host a holiday party at your home, you can be held liable for injuries sustained by your guests if they hit the road while intoxicated and cause an injury to themselves or others. Louis Paster was quoted as saying that chance favors the prepared mind.

According to a new survey on homeowner’s insurance by The Independent Insurance Agents and Brokers of America, many homeowners are unaware of the risks that they may be taking or of their own responsibilities to insure that their guests don’t hit the road drunk. Additional risks of a homeowner to watch out for are defects on the property where someone may slip and fall, including uneven carpets or uneven flooring surfaces, ice or snow on the entrance way that has not been shoveled, food poisoning from prepared or catered food, as well as many other situations that the average homeowner may not think of.

Continue reading "Did You Know That You Can Be Liable For The Injuries Of Your Guests If You Host A Holiday Party. Chance Favors The Prepared Mind." »

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I have been a lawyer since 1979, aggressively protecting the rights of catastrophically injured individuals. Yes, I am a greedy trial lawyer. I am greedy for justice. As I listen to politicians, including presidential candidates, conveniently noting that lawyers are like bottom feeders or the “scum of the earth” or where I hear ignorant people telling me that trial lawyers are greedy, I can only think to myself that had it not been for trial lawyers, the greed of corporate America and Wall Street would certainly doom us all. When one thinks of greed, we think intuitively that greed is bad. We think of a self-serving, selfish individual who cares about nothing but accumulating wealth. Until lately, we did not hear much about greedy banks, greedy insurance companies or greedy Wall Street investment firms. What we did hear about most is greedy trial lawyers. Today the individual taxpayers are left holding the bag for the most massive bailout of greed in the history of developed nations. It is only when we feel the pain individually that we have the tendency to catagorize something or someone as greedy. Anyone living in today’s world knows that trial lawyers have been under attack and many of the rules applicable to injured and innocent victims have been changed or legislated away to give big corporations more and more power. The most contentious area of tort reform, and the area in which tort reform advocates focus, is on personal injury and the greed of the trial lawyer.

I am fortunate to live and practice law in the United States where juries decide cases and where compensatory and punitive damages are available to injured plaintiffs and to assist in policing the system of corporate greed. Tort reform has become a contentious political issue particularly because of the alleged high cost of compensating injured victims. It is my feeling that lawyers are the silent policemen of society. We protect the hopes and the value of hope of innocent victims. How do you know if your household products or automobiles are defective and could be causing a potential injury to you or your family? How do you know if your medicines are doing more harm than good? How do you know if the toys you purchase are safe for your children? Under current law, many defective and hazardous products remain on store shelves and in medicine cabinets and are in the houses of millions of Americans and you never know they are dangerous. Government and big corporations get away with keeping this information from us. They seal public records in court cases and try to keep everything a secret, even when victims are successful in holding corporations accountable for defective and hazardous products. They are forced to enter into secrecy agreements which prevent them from informing other consumers of the injuries they defend. The practice of secrecy in tort reform is an example of how corporations can legally put profits over people. Politicians claim that lawsuit abuse destroys jobs, forces doctors out of business, and forces companies into bankruptcy. They want to deprive innocent and injured clients of the hope of the judicial system and the access to the courts dictated by the founding fathers of the United States Constitution. Corporations have and will continue to place profits over safety unless policed by trial lawyers and the court system.

Continue reading "I AM A GREEDY TRIAL LAWYER" »

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Posted In: Catastrophic loss , Personal Injury , Premises liability , Product Liability , SUV and 15 passenger rollover , Wrongful Death

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Approximately three weeks ago, I was contacted by clients who allegedly sustained catastrophic injuries. When I initially went to meet the clients, he and his wife provided me with convincingly and tearful recollections of a catastrophic accident in which they were allegedly passengers in a commercial transportation vehicle operated by another commercial vendor that was allegedly struck broadside, rolled over, and ejected the passengers, the result being multiple internal injuries, broken bones, scarring and extensive hospitalization. The initial meeting was quite emotional as the alleged clients were tearful, with other family members attempting to calm them down. The next day I went to my office and met with our staff and investigators and over the process of the next 24 hours learned that these clients were, in fact, imposters attempting to secure financial benefits for themselves by attempting to defraud our office, financial institutions, and potentially an insurance carrier. As we continued to investigate the matter, we also learned that these individuals had contacted other law firms in the same manner.

At the Philadelphia personal injury law firm of Reiff and Bily, we are committed to representing honest clients and cautiously practice law with the motto that today’s best client can be tomorrow’s worst enemy. The dangers posed to lawyers and law firms representing dishonest clients are clear. Often, we read news reports or allegations whereupon law firms are cited for aiding and abetting the dishonest clients’ fraud or misconduct therefore harming other innocent third parties. Not surprisingly, the Insurance Information Institute has estimated that insurance fraud accounts for 10% of property/casualty insurance industry’s incurred loss and loss adjustment expenses of about $30 billion dollars a year. Common frauds include padding or inflating actual claims, misrepresenting facts on insurance applications, submitting claims for injuries or damages that never occurred, and staging accidents.

The National Insurance Crime Bureau has identified ten cities with the highest numbers of staged auto accidents. One of the many types of staged accidents involves a vehicle that is positioned in front of an unsuspecting motorist with a sudden application of brakes causing a rear-end crash.

Philadelphia, Pennsylvania is the number 5 city in the United States with the highest rate of automobile insurance fraud. Just as many alleged clients attempt to commit fraud, unfortunately, so too is the case with many lawyers or healthcare providers. In any profession, there is occasionally a member who is dishonest. Although not all professions or industries protect victims of their dishonest members, the legal profession has generally offered financial protection to members of the public whose money has been stolen by their lawyer or whose lawyer has committed a fraud.

Continue reading "THE DISHONEST CLIENT - A LAWYER’S BIGGEST NIGHTMARE" »

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Posted In: Auto Accident , Insurance Claims , Personal Injury , Premises liability , Product Liability

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PHILADELPHIA INSURANCE CLAIMS LAWYER, JEFFREY REIFF, SPEAKS OUT

Over the past few weeks, many Americans learned about the AIG insurance crisis and the lawyers and staff at the Pennsylvania insurance claims law firm of Reiff and Bily received many phone calls from insurance agents, clients and other concerned Pennsylvania citizens. It appears that there is more trouble on the horizon for the beleaguered insurance industry and potentially a number of Pennsylvania citizens may be affected. According to a recent article in Investment News, the benefits of some 164,000 long term care policyholders at Conseco Senior Health Insurance Company may be in danger as they are moved to an independent trust. Conseco, an Indiana-based insurance company, without notice to policyholders decided to move 144,000 long term care policies in a trust that may have devastating consequences for senior care citizens. Earlier this year, the Pennsylvania Insurance Department found that Conseco had violated insurance claims handling practices and fined the company $32.3 million dollars. Acting Pennsylvania Insurance Commissioner, Joel Ario, defined the bulk of the fines as “restitution to consumers who were harmed”. Conseco reported a second quarter loss of $487.1 million dollars or $2.64 at diluted share. Conseco also disclosed recently that it held $103 million in securities with American International Group and Lehman Brothers Holdings, both in New York and Washington Mutual in Seattle. (Investment News article)

Bensalem, Pennsylvania-based Conseco Senior is a subsidiary of Conseco Inc. of Carmel, Indiana and according to industry critics is a victim of its own underwriting, signing on more policyholders than it could afford, leading to the creation of the trust. According to the Investment News article written by Darla Mercado, Frank Darras, managing partner of Shernoff Bidart Darras & Echeverria LLP of Claremont, California, stated “This product is oversold, underpriced and poorly performing because they underwrote everybody. These policyholders will either lapse on their payments or the unhealthy people will be so ill that there won’t be enough premiums to keep the trust going.” A spike in premium rates could force healthy policyholders to terminate their LTC insurance with Conseco Senior leaving the unhealthy with coverage that is so costly that the premiums approach the cost of the claim for each contract, according to Philip J. Bieluch an Avon, Connecticut insurance consultant at Insurance Strategies Consulting LLC.

Continue reading "YET ANOTHER TROUBLED INSURANCE CARRIER IS PLANNING TO MOVE ITS POLICIES INTO AN INDEPENDENT TRUST - HOW THIS WILL AFFECT PENNSYLVANIA POLICYHOLDERS" »

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Posted In: Auto Accident , Insurance Claims , Personal Injury , Premises liability , 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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Imagine this scenario, you go to a restaurant or franchise later in the evening to enjoy a meal and you are assaulted, stabbed or shot by one of the restaurant’s employees. Imagine another scenario, you are at your home, order takeout, and the delivery man comes and assaults or kills you or a loved one.

In the last few months, Philadelphia personal injury attorney, Jeffrey Reiff, was contacted by individuals who had each suffered a separate and catastrophic incident as mentioned above.

Many restauranteurs employ security systems, attend conferences, hire the best security consultants and set forth rules to insure a safe, crime free workplace and the safety of their customers and employees. But despite the focus on security, horrible crimes are defeating the best systems in place. According to an article published in Nations Restaurant News (www.nrn.com) since 2003, 341 restaurant employees and an unknown number of guests have been murdered on restaurant properties according to the U.S. Bureau of Labor Statistics. Although the number of deaths fell more than 25% between 2003 and 2004, the number is headed north again, jumping nearly 21% from 73 deaths in 2005 to 88 deaths in 2006.

The NRN article quotes Chris McGoey, head of Crime Doctors, a security consulting firm with offices in San Francisco and Los Angeles, “All the studies I’ve seen say that late night retail and your businesses (restaurants) are the leading sites of employee homicides in the United States and the number one place for male fatalities in the workplace”. Mr. McGoey goes on to state “As more chains open 24 hours, we will experience more workplace violence, serious injuries and death in the restaurant business because I don’t think your industry gets it”.

Continue reading "AS THE ECONOMY CONTINUES TO WORSEN, RESTAURANTS EXPOSE THEMSELVES TO LIABILITY AND OTHERS TO HARM WITH INCREASED LATE NIGHT HOURS, INADEQUATE SECURITY AND IMPROPER BACKGROUND CHECKS ON EMPLOYEES - A PHILADELPHIA INADEQUATE SECURITY LAWYER WEIGHS IN." »

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

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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.

Continue reading "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" »

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

Posted In: Inadequate Security , Negligence , Personal Injury , Premises liability

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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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