Philadelphia Injury Attorney Blog

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" »

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

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" »

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

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" »

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

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?" »

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

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." »

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

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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