Philadelphia Injury Attorney Blog

Every year during prom season, groups of local teenagers celebrate by flocking to the New Jersey shore and staying at seaside motels. As long as these teenage guests can pay for their rooms, they are welcomed with open arms. But, as parents well know, when teenagers party after their proms, there is a good chance they’ll include alcohol or other intoxicating substances in their party mix. There is also a good chance they’ll get hurt—especially if the motels they are staying in pose safety risks.

The warm months of May and June are not exclusive to prom season. They also mark the beginning of the tourist season at the Jersey shore. It is fair to say that many of the motels on the shore have not been very busy over the cold winter months, and are in need of repair, due to the ravages of storms and winter weather— especially this year, after the devastation wreaked by Hurricane Sandy.

The conjunction of prom season and tourist season is a valid concern for the parents of these shore-bound teenagers. Typically, prom-goers look for the cheapest possible motel deal, and end up staying in places where the quality of maintenance is not up to par, or in accordance with safety codes. As a father and a motel/hotel premise liability lawyer who specializes in balcony and railing falls, I worry—for myself, and for all parents of teenagers.

Every year, victims are left in critical condition, or die, after falling over balconies in seashore motels with defective balcony railings. Just last year, a real estate agent was showing a seashore motel property listed for sale, when he leaned against the railing and fell over backwards, suffering permanent catastrophic injuries. The beachfront motel on the Jersey shore where he fell was said to have had multiple safety violations.

Falls from hotel and motel balconies commonly occur during holidays or post-prom parties, and they are often fueled by intoxicating substances and unusual behavior. Despite the presence of alcohol, however, property owners are responsible for the safety of their premises. A fall from a balcony due to defective railings or deck surfaces can totally decimate a victim’s hopes and dreams, and those responsible must be held accountable. If you, your teenage child, or anyone else in your family, has been injured in this kind of accident, you must act immediately, and seek the counsel of an experienced premises liability lawyer.

The nationally recognized premise hotel/motel liability law firm of Reiff and Bily has well over three decades of experience successfully representing victims of slip and fall and balcony fall accidents. We know what can go wrong, and understand the modes of failure and safety code violations that lead to balcony and railing collapses. We have been recognized by our peers and outside third parties as being among the best and brightest, and have been listed as members the Top 100 Trial Lawyers by National Trial Lawyers.

When someone gets injured on another’s property—whether it be a business, public, or residential site—the stakes can be very high, especially when the property owner is deemed negligent and the victim is seriously hurt. A property owner has an obligation to keep the premises in safe condition and free of hazards. But, all too often, balconies and railings are overlooked. Given that falls from balconies are generally quite serious, and often lead to catastrophic injuries, the awards for such premises liability cases can be very high indeed.

Recently, a 25-year old motel guest fell 12 feet from the balcony of a second story motel room, while a guest at the motel. The victim contended that the motel maintained the property in a negligent fashion, and that the railing was dangerously low—in violation of the building code. The defense denied that the victim was a motel guest, and presented expert testimony that his injuries were consistent with a ground-level backwards fall. The defense also argued that the victim’s blood alcohol level was .267 at the time of the accident. The plaintiff presented evidence that his mother had come to the motel the day after the accident, and retrieved his personal belongings—which, he alleged, proved that he was a guest at the motel. The plaintiff admitted that he had been intoxicated at the time, had struggled with alcoholism, and was partly responsible for the fall. However, his attorneys argued that this did not excuse the motel’s non-compliance with the building code.

As a result of the fall, the plaintiff was severely injured. He was diagnosed with four skull fractures and a traumatic brain injury (TBI), and had to be placed in a coma for three weeks to be treated for brain swelling and internal bleeding. He sustained brain tissue death, resulting in traumatic dementia. Though he is able to speak, and can understand and process visual information, he has trouble responding, owing to extreme anxiety. He has difficulty planning, and suffers from problems with memory, concentration, and behavior control.

The victim was awarded an extremely large settlement—38 million dollars—owing to the fact that the owner had failed to correct a serious safety hazard, and to fulfill his duty of care to a hotel guest. It is always a property owner’s obligation to keep his premises in a safe condition.

If you or a loved one has been injured from a slip or fall caused by the inadequate safety of someone else’s property, you should contact a premises liability attorney with specialized expertise and a track record of achieving large settlements in such cases. Moreover, you should do so immediately, in order to preserve vitally important evidence.

Jeffrey Reiff has decades of experience as a premises liability attorney, and is a contributing member of the National Brain Injury Trial Lawyers Association. He has consistently been named one of the Top Attorneys in Pennsylvania by Super Lawyers, and has been recognized by National Trial Lawyers as a member of the Top100 Trial Lawyers. He has also been nominated as one of the Top 100 Attorneys in Pennsylvania.

On Saturday, February 23rd, a horrific crash occurred during the NASCAR Nationwide Series race at the Daytona International Speedway, when driver Kyle Larson’s 32 race car went airborne, resulting in a 12-car pileup. According to news sources, at least 28 spectators were injured when the car hurtled into the fence, propelling debris through and over the catch-fence that was there to protect the crowd. Fourteen people were sent to area hospitals—two in critical condition. At the time of this writing, the two spectators critically injured spectators remain at the Halifax Health Medical Center.

I was contacted by a reporter the day after the accident. One of the questions he asked was whether or not Daytona International Speedway and its owner, International Speedway Corporation, would be exculpated from liability by the disclaimer found on the back of admission tickets.

The disclaimer states that “the holder of this ticket expressly assumes all risks incident to this event, whether occurring prior to, during, or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all speedways, agents, officers, or directors of Daytona International Speedway, its affiliates and subsidiaries are hereby released from any and all claims arising from the event, including claims of negligence.”

Having been an amusement park accident and recreational torts injury attorney for the last three decades, I am quite familiar with the way promoters operating sports and amusement businesses will attempt to disclaim liability by means of the statement imprinted on their ticket stubs. Such disclaimers are placed on the back of admission tickets to virtually all ski resorts, hockey arenas, football and baseball stadiums, and amusements venues—as well as races.

While many defense attorneys will argue that the fine print on the disclaimers is enough to cover possible claims, each case must be evaluated independently. Invariably, defense argues that attending an extreme sporting event is inherently dangerous, and that spectators can be injured—which is allegedly why they include a written warning on the admission tickets. Often, such cases are confidentially resolved or quashed, and victims are offered a large confidential settlement prior to the filing of a public lawsuit.

From my point of view, as an attorney who has successfully breached such waivers, I would argue that disclaimers only cover normal risks, and that such exculpatory language cannot remove claims of negligence or recklessness, if the owner or operator of the attraction is deemed to have acted inappropriately. In addition, there is often a separate cause of action for product liability, which would not be waived by any such disclaimer. This can come into play if fences or barriers are not properly constructed, or are constructed with improper materials.

In the case of the Daytona crash, this seems to have been the case. The catch-fences, put in place with the express purpose of protecting spectators from flying debris or foreign objects, did not do what they were supposed to do. The same thing happened in a similar crash at the Talladega Super Speedway in Talladega, Alabama, in 2009, when a car hurtled into a catch-fence, injuring 7 people. And, in 2011, IndyCar driver Dan Wheldon was killed when his racecar went airborne and plowed into a catch-fence at Las Vegas Motor Speedway.
The type of catch-fence in use at Daytona International Speedway—25 feet tall, with tightly pulled cable that supposedly leaves little room for flying debris to penetrate—is the same type of fence that surrounds all NASCAR Sprint Cup tracks. NASCAR is said to be planning a review of catch-fence safety.

The amusement park accident and recreational torts injury attorneys of Reiff and Bily have been recognized by their peers as having the highest possible ratings in both legal ability and ethical standards. They are consistently recognized as Pennsylvania Super Lawyers, and are members of the National Trial Lawyers Top 100 Trial Attorneys.

A verdict in excess of $38 million dollars was rendered in favor of a victim who slipped and fell from the balcony of a motel after it was alleged that the railings were too short. The 25-year old victim was taken to a hospital and his blood alcohol content after the fall was more than three times the legal limit to drive. After awaking from a coma, the victim had no memory of how he came to be lying on the ground.

Allegations were made that the victim fell from a second floor hotel balcony railing which was below the legal height limit by 8 inches. A difficult case existed due to the fact there were no witnesses and it was necessary to prove by circumstantial evidence including bio-mechanical evidence that the only way the victim could have suffered the injuries was by virtue of falling over the balcony. Allegations were also made that defendant failed to preserve any surveillance videos of the scene and suppressed evidence.

Of course, the defense strongly contended that the fall was due to the victim’s admitted intoxication and that the victim did not fall from the balcony therefore ruling out the possibility of code violations causing his injury.

There have been a growing number of incidents involving individuals falling from balconies at popular hotels, motels, and holiday resorts particularly over the holidays when people have a tendency to drink more frequently while on vacation.

As an experienced hotel accident and premise liability lawyer who has litigated premise liability and balcony fall cases for the last three decades, I am well aware that many hotel balconies fail to meet building codes and minimal safety guidelines set for balconies. Many hotels built before the 1990’s are grandfathered into older safety requirements and have lower rails posing a danger for guests. Unfortunately the number of individuals falling to their deaths from hotel balconies continues to increase each year in the United States and many hotels are now taking greater steps to make their balconies safer by adding plexiglass enclosures to protect their guests, particularly small children.

International building codes require hotel balcony railings to be at least 42 inches high and each rail or post should be no further than 4 inches apart. The balcony must also be built with materials strong enough to withstand a strong load which means that they should not be flexible or able to be moved if someone pushes against them.

Hotel owners owe their guests the highest duty of care and are responsible for maintaining their property in such a condition that no unsafe condition in their hotel can lead to a slip and fall accident or balcony fall.

Obviously during the holidays when the weather is warm, the balcony is likely to become a gathering spot for friends and guests and most likely many times it goes without saying that people may have had a drink or two.

Many existing decks and balconies are the scenes of accidents waiting to happen. A railing collapse and balcony fall may expose the owners of the premise to liability on the basis of negligence, premise liability law, product liability, and construction law. Individuals have a right to expect that when they step on a porch, deck, or balcony, it is safe to support their weight and that the railing and guard system is safe as well.

Every holiday season, we learn of individuals who sustained a catastrophic injury or wrongful death due to a balcony railing collapse or material failure. Hotels and motels should maintain a regular inspection and maintenance program and owe their business invitee guests the duty to make sure the premise is safe and that balconies and railings are installed and maintained in accordance with appropriate codes to ensure their safety.

The experienced balcony fall and defective balcony lawyers of Reiff and Bily have had a significant experience with a successful track record representing those who were injured as a result of porch collapse, balcony collapse, and railing failures. We always offer a free no obligation consultation and promise that we will never charge a fee unless we make a successful recovery on your behalf.

As winter approaches with early storms warning of the fierceness of things to come, it is certain that there will be a significant number of slip and fall accidents on ice and snow which will lead to catastrophic injuries and, unfortunately sometimes, an early death.

For over 35 years, as an experienced Pennsylvania slip and fall attorney, I have represented many victims who slip and fall on icy and snow covered sidewalks. In a premises liability case that we are currently litigating, one of our clients, a middle-aged female, slipped and fell on ice and a patch of snow outside of a retail building. She sustained multiple fractured vertebrae, fracture ankle, fractured leg requiring implantation of stabilizing hardware, screws, and rods.

She is unable to walk as she was prior to the accident and has lost her job resulting in out-of-pocket expenses and multiple hundreds of thousands of dollars which over her lifetime will quickly exceed seven figures. At the time of her accident, she was working earning a substantial income annually and was unable to return to her job due to mobility demands.

Continue reading "Imagine You Are Walking Down an Icy Sidewalk, You Slip, Fall, and Fracture Your Back - In the Instant of a Second, Your Life is Forever Changed" »

As slip and fall lawyers in Pennsylvania for the last 33 years, we have recovered many six and seven figure settlements and verdicts for premises liability accidents. The issue always remains who may be held liable for injuries and what constitutes a defect significant enough to raise a proper claim.

There is not a week that goes by where a call is not forwarded and the victim claims that he or she has slipped and fell as a result of someone’s negligence. In Pennsylvania, the owner of a property has a duty to maintain and repair the sidewalk and keep it in a reasonably safe condition.

However, there is a long standing principle that although property owners have a duty to maintain their sidewalks in a safe condition, property owners are not responsible for trivial or de-minimis defects that exist in the sidewalk. Of course, that leaves the question to be answered as to what constitutes a de-minimis or trivial defect.

The defense will almost always argue that all defects are trivial. If the defect is so large, defense will typically argue on the other side of the coin that it is an open and obvious defect and any reasonable person should have observed the same and exercised caution to avoid a slip and fall accident and injury. The size of the defect is a matter that has been litigated for decades before the Pennsylvania Courts.

Continue reading "I Slipped and Fell Walking Down the Sidewalk in Front of a Property - Is There Liability?" »

Recently, a jury awarded $1.18 million dollars to a victim who was visiting a condominium and fell down a poorly lit staircase. The condominium had an exterior stairwell with a mid-level landing and as the victim was descending the staircase, she missed or slipped on the first step down from the landing and fell five more steps to the ground.

She suffered a fracture to her left tibial plateau, requiring open reduction surgery and, eventually, a total knee replacement.

Continue reading "If You Fall Down a Poorly Lit Staircase and Suffer Injuries, the Owner or Landlord Could Be Held Liable" »

Recently, an elderly victim was shopping at a supermarket and as she was heading to the front of the store, an employee pushing an overloaded hand cart collided with her, knocking her to the ground causing her to sustain serious injuries, including but not limited to, a fractured right hip. The previously independent victim required surgery and thereafter was forced to use a wheelchair or walker and required assistance with daily living activities.

A lawsuit was filed against the owner of the market alleging negligence due to the fact that the employee was operating an overloaded hand cart so as to obstruct his view. The employee operating the cart was also using the front entrance rather than another entrance to load and remove goods.

Continue reading "Sometimes Visits to Warehouse Stores and Supermarkets Are Comparable to Traversing an Obstacle Course as Patrons Struck by Overloaded Carts May Sue for Injuries" »

Backyard barbecues are a summertime tradition. This means children are coming and going from neighbors’ backyards all summer long. But what happens when a child comes into your backyard, without permission, and gets hurt? Are you now liable for being a good, welcoming neighbor?

In Pennsylvania, the standard of care that is owed by a homeowner to a person on their land depends upon whether the person is a trespasser, invitee, or licensee of the land. A trespasser is someone who was not invited on the land, and should not have been on the land at that time, even if they have been lawfully on the land before. Landowners owe a trespasser a duty only to refrain from willful or wanton misconduct. Evans v. Philadelphia Transp. Co., 418 Pa. 567 (Pa. 1965).

Some trespassers can be deemed to be "foreseeable trespassers," because the landowner knows, or from facts within his knowledge should know, that persons constantly and persistently intrude upon some particular place within their land. Foreseeable trespassers are owed a duty of reasonable care by the landowner. If it can be proven that a landowner knows that anyone, including a child, uses the land without explicit permission, the landowner is liable for bodily harm caused to the foreseeable trespasser, because of the landowner’s failure to warn of the harm, or potential harm.

Homeowners need to take precautions to ensure that neighbors, especially children, do not trespass into backyards and play unsupervised. Landowners with toys or attractions that could be dangerous (swing sets, trampolines, etc.) need to be very clear that neighbors’ children should not use those things without the landowner’s permission or supervision. Landowners should also put up fences and/or signs to ensure that parents and children know the risks they are taking if they choose to enter the property without permission.

If you or a loved one has been injured on the property of another, it pays to contact an experienced personal injury attorney who has decades of experience litigating these types of cases. The skilled Pennsylvania premises liability lawyers of Reiff & Bily have achieved numerous settlements or verdicts for a combined excess of hundreds of millions of dollars since 1979 on behalf of injured plaintiffs. If you or a loved one has been involved in an accident that occurred on the premises of another, please contact one of our aggressive Philadelphia premises liability attorneys for a free, no obligation consultation toll free at (800) 421-9595 or online at www.ReiffandBily.com.

In a tightened economy, many of us take it upon ourselves to make repairs or hire inexperienced contractors for home improvements whether it be a roof repair, installation of a deck, planting trees, or even installation of a swimming pool. What many people fail to realize until it’s too late is that when excavating, you often run the risk of hitting underground utility lines which are full of electrical current and can cause an electrocution. Before commencing any underground excavation, you must be aware of the approximate location of power lines and gas lines.

If you are venturing up on a roof or to the second or third story of your home to repair or change a window, understand that the ladder should be in safe operating order and properly secured. Unfortunately, as Pennsylvania premises liability attorneys, each year we receive a number of phone calls from victims who have fallen from defective ladders or victims who attempt to sue on the basis that the homeowner failed to make them aware of a dangerous or defective condition which resulted in their injuries. Construction injuries, whether they occur at your own home or on the premises of another, often lead to catastrophic life-changing injuries and chance favors the prepared mind.

The Philadelphia premises liability lawyers of Reiff and Bily are committed to damage prevention and saving lives. If you or a loved one has been involved in an accident that occurred on the premises of another or on a construction site, please contact one of our experienced attorneys for a free, no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.

I recently learned that a colleague of mine, a young and vibrant practicing attorney, died from complications from a broken hip. When one typically thinks of death from a broken hip, our mind assumes more likely than not that it involves an elderly person. A hip fracture typically occurs from a trauma to the hip often resulting from a slip and fall, premises liability accident, or car accident. Many times, elderly individuals suffer from osteoporosis or a loss of calcium from the bones which makes them weak and fragile. Typically after surgical repair of a hip fracture, the patient or victim is confined to a bed and has an increased risk of death from blood clots in the legs that travel to the lungs (pulmonary embolism), pneumonia due to immobility, pressure or bed sores which can become infected, or bladder infections stemming from the catheter used to drain their urine.

The mortality following a fractured hip is between 20 and 35% within one year of patients aged 82 plus or minus seven years. Approximately 80% of those who succumb to death as a result of a hip fracture in the elderly population are women.

If a traumatic hip fracture occurs to an individual who has underlying disease or illness such as diabetes, hypertensive arterial sclerotic pulmonary disease, or chronic obstructive pulmonary disease, the increased rates of death are even greater.

If you or a loved one has sustained a broken hip as a result of a car accident or slip and fall accident, the experienced Pennsylvania hip fracture injury lawyers of Reiff and Bily have over three decades of experience and successful track record and always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

It is said that March comes in like a lion and goes out like a lamb and with it the ritual of spring break. Every year at this time, teens in dorm rooms across the country and families are planning their dream vacations seeking adventure and excitement. Unfortunately, as an experienced Pennsylvania accident lawyer, I find that our phones are ringing during spring break with tragic accidents involving over-consumption of alcohol or drugs resulting in car accidents, balcony falls, or sexual assaults. Additionally, many spring break tourists are vulnerable to robberies, pick pockets, sexual assault, and physical assault in foreign hotels or condominiums that do not provide proper security for fare paying guests.

Keep in mind when traveling on foreign roadways during spring break that you may not be familiar with often dangerous on- and off-ramps or confusing signage. Many times there are highway and roadway defects. If you are abroad, drivers often drive in a different and more erratic fashion, and may be more frequently under the influence of alcohol. If you are using a taxi, make sure that you are in a legitimate and regulated taxi and always wear a seat belt, and if traveling by bus try to sit in the rear in case an accident occurs.

Almost every year, we hear the tragic stories of teenagers who die falling from hotel balconies while intoxicated. Statistics indicate that teenagers at famed spring break resorts such as Fort Lauderdale and Daytona Beach are at an increased risk of car accidents due to driving while intoxicated.

A recent study published in the Journal of American College Health has noted that the average male is reported to consume 18 drinks per day and the average woman 10 drinks per day during spring break. More than half of all men and 40% of all women drank until they became sick or passed out at least once during spring break.

Obviously, injuries sustained during spring break resulting from over-intoxication of alcohol include death from automobile accidents, drowning, falls, amusement park and water park accidents, in addition to other mishaps.

If you are on spring break and you or a loved one suffers a serious injury or wrongful death, our attorneys are available 24 hours a day, 7 days a week for a free, no obligation consultation. Please be safe and in the words of Louis Pasteur, “Chance favors the prepared mind”. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As a hotel inadequate security and hotel attack attorney who has investigated a large number of hotel attack claims, I often listen to representatives of a hotel company or their insurance carriers state that due to the age of the hotel, they are unable to possess the latest in technology. Frankly, this argument has never made much sense to me due to the fact that the latest technology is quite sophisticated when it comes to terms of size and installation of cameras, lighting, fiber optic cabling, and wireless transmission of data. What many hotels have in common is wasted excess space or exterior barriers of security perimeters where vagrants or assailants may lie in wait for a victim.

I spend many nights a year away from my home in strange hotels with my carefully trained eyes and senses fully tuned for security breaches and means of crime and attack prevention. I believe that the first step in hotel security lies with the proper training of all staff members from the “bottom up" so that they are vigilant for any unusual activities which may give reason to believe that criminal activity is afoot. When a maid goes into a room to clean it or an engineer goes into a room to repair something, if he notices anything outside of the ordinary, it must immediately be reported to hotel management who prudently should investigate the situation in further detail. Employee education is step one in insuring the safety and security of hotel guests.

In inner cities such as Philadelphia, New York, Baltimore, or Atlanta, most hotels are located in highly trafficked areas, and if the hotel is not large enough to employ their own security personnel, it is important for the hotel to regularly undergo a security evaluation by those trained in security and human awareness behavior patterns.

If the hotel owners or operators state that the hotel is too old for security (poor excuse) or they are not willing to take proper steps to protect their guests, it signals to this experienced hotel attack and breach of security lawyer that the safety of their guests is not priority number one and they are more interested in profitability, no matter what the costs.

All hotels should also conduct evacuation and security drills and focus on the identification of strange and suspicious packages and behavior of those who enter the premises.

In larger cities such as New York and Washington, D.C., the police department and Department of Homeland Security work very closely with hotels to keep them in the loop of any elevated threats or concerns. If a hotel is located in an area where the hotel property owner or management is aware of crime in the immediate or surrounding areas, they have a mandatory obligation to take steps to secure their premises including hiring highly qualified security guards who have undergone careful background checks. Unfortunately many times horrific injuries, attacks, and tragic accidents occur at hotels, motels, resorts, or restaurants due to poor lighting, inadequate security, and the failure to provide easily affordable technology and security devices such as closed circuit cameras and proper lighting.

Ignorance of a dangerous situation can lead to a victim or victim’s family holding the hotel liable for monetary damages if a mandated security protocol is not followed to insure visitors or guests' safety.

The Pennsylvania premise liability and hotel inadequate security law firm of Reiff and Bily always offers a free, no obligation consultation to those who have suffered a physical assault, robbery, or sexual assault due to negligent security. If you would like a free, no obligation consultation, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

When a condominium or apartment complex falls into disrepair, lacking improper security measures such as door locks, light fixtures, and a security system, a likely scenario can be presented for a criminal assault and/or killing. This event often gives rise to civil monetary damages if a lawsuit is filed by a victim or estate of a victim.

In Pennsylvania, as well as many other states, the law recognizes that the safety and privacy of condominium and apartment dwellers should be the top priority for all owners and operators. However as experience reveals, many times this is simply not the case. Unfortunately, throughout my 30 year career of practicing premise liability and inadequate security law in the Commonwealth of Pennsylvania, as well as co-counseling on other cases throughout the United States, we have investigated and litigated claims with tragic consequences that were easily avoidable.

Recently a case was resolved in Florida when a condominium owner who was walking to his car one day, was shot and killed, leaving two sons behind. A lawsuit was filed on behalf of the victim’s estate alleging inadequate security and also claiming that the property owner had hired an incompetent property manager with a criminal background who was unqualified to perform his duties.

In another case handled by our office, a young woman walking to her car at an apartment complex was sexually assaulted by a third party in a poorly lit parking lot area, and we were successful in recovering a substantial monetary result. Today more than ever technology is an important part of meeting security requirements, and inadequate security at a hotel, motel, condominium, or apartment house can result in the property owner’s liability to the crime victim for negligence.

For over 30 years, the experienced inadequate security and premise liability lawyers of Reiff and Bily have worked carefully with law enforcement officials and skilled investigators to analyze the circumstances of a personal injury resulting from inadequate security. We have examined past instances of victim abuse at the location and surrounding areas that should have put the property owner on actual and constructive notice that the facility was potentially dangerous to customers, visitors, or inhabitants. The inadequate security and hotel and apartment attack lawyers of Reiff and Bily are committed to protecting the rights of injured victims and consumers since 1979 and always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

This past weekend, I was asked to comment on a case where a car slammed into a restaurant, broke through the walls, and injured a number of customers killing another innocent and unknowing victim who was dining. The initial investigation of the incident revealed that the elderly driver of the car meant to hit the brakes but instead pressed the gas pedal crashing into the building.

Just last year, I was consulted on a similar case where an elderly gentleman also erroneously hit the accelerator pedal rather than the brake and crashed through the walls of fast food restaurant catastrophically injuring innocent patrons. This unfortunate scenario is more common than one can imagine.

A skilled catastrophic injury and wrongful death lawyer experienced in the arena of restaurant crash accidents, premise liability, car accident law, and automotive product liability should immediately begin a comprehensive investigation of the facts and work closely with authorities and independent investigators to determine the causation of the accident. Often many complex theories of law become intertwined in the investigation and litigation of car crash into restaurant cases.

The experienced Pennsylvania product liability, premise liability, and car accident lawyers of Reiff and Bily works with experienced and independent structural engineers, architects, building, safety, OSHA, and cognitive behavioral assessment experts to carefully analyze the facts of each individual case. We request that our experts credibly opine about the inadequacy of curb and building structures, as well as immediately look for product defects on the striking vehicle including but not limited to; defective braking system, failure of steering system, or faulty acceleration .

There are many ways that a vehicle crash into a restaurant can occur. Perhaps the driver was intoxicated or under the influence of mind altering drugs or prescriptions. Perhaps the driver was speeding, or perhaps there was a defect with the vehicle that prevented the driver from stopping or having his vehicle under control.

At any rate, one thing is for certain, when innocent bystanders are harmed due to a car accident or premise liability claim such as this, they are entitled to have a full independent investigation completed by an experienced car accident and premise liability attorney who understands how in just a matter of seconds a victim and their family’s lives can be changed. The victim and their family have a right to expect that they will be entitled to recover monetary damages for the harm caused to them by the wrongdoers.

The experienced Pennsylvania car accident, premise liability, and product liability lawyers of Reiff and Bily have over 30 years of experience representing the interests of catastrophically injured victims and their families, offering a free no obligation consultation and a zero recovery, no fee guarantee. For more information contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced Pennsylvania premise liability lawyer for over three decades, I have investigated and litigated thousands of slip and fall cases that occurred as a result of small changes in elevation, most notably a single step. How many times have you unknowingly tripped or fell on a single step which only represents a small elevation change. Single step elevation changes are common in many new buildings, restaurants, hotels, and museums. In fact, when I was designing my own home, the architect and designer suggested a step down in my center foyer to a family room, and I cannot begin to tell you how many times I have slipped or guests have slipped on the same.

I have witnessed hundreds of slip and fall on single step designs and have come to the conclusion with many experts that the benefits of the same simply do not outweigh the risk. In fact, I have been able to prove that without careful attention given to lighting, floor finishes, railings, floor coverings and ways to assure that pedestrians are fully aware of changes in elevations, a slip and fall accident is more likely than not to occur.

Many of the premises liability slip and fall cases that our Philadelphia slip and fall law firm has handled have involved a substantial impairment to a victim’s life in terms of one’s potential ability to earn, pay medical bills, as well as affecting lifetime physical impairments that impact them in their daily duties and activities. Many people give little thought to surfaces or slight elevations until they slip, trip, or fall. A premise liability or slip and fall case can often be the most difficult case to litigate due to the fact that insurance companies and property owners defend them ruthlessly, almost always blaming the victim.

If you have been involved in a slip and fall accident, the experienced Philadelphia premise liability and slip and fall accident lawyers of Reiff and Bily work with teams of engineers, architects, and property design experts all of who understand state, local, and federal safety codes. Our experienced team of Philadelphia slip and fall premises liability attorneys have made some of our most significant recoveries on behalf of slip and fall victims. We always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For the last three decades, I have successfully represented clients who have been injured in slip and fall accidents or have been harmed by falling merchandise, inadequate security, or other dangerous conditions on the premises of another. In most premise liability cases, there are federal, state, or local government codes that have been adopted in furtherance of promoting safety. Codes are only minimal legal standards and are not always the ultimate statement of what is and what is not safe, and in interpreting a code, one must always be liberal to that interpretation which provides the most protection and safety to the public.

While every jurisdiction has a specific choice and combination of various codes, the defense will almost always strongly argue that all codes were met. We often find that many codes are outdated or when strictly applied to a particular case do not further the goals of safety intended by the drafters. There are many safety and standards organization which maintain websites specifying the safety regulations and rules for such topics as floor safety, illumination of premises, uniform building codes, national building codes, Americans with Disabilities Act, or occupational safety and health. These are non-inclusive, and a cursory review of the regulations and codes reveals typical guidelines encountered in a premise liability or slip and fall legal case. Of course, each and every jurisdiction will have their own choice and combination of various codes to apply to each case, and all premise liability and slip and fall cases are uniquely different.

The experienced Pennsylvania premises liability and slip and fall lawyers of Reiff and Bily initially examine the local codes in the venue where a premise liability or slip and fall accident occurred and understand that these minimal legal standards should not be the absolute basis for consideration in determining what is or what is not safe. However, non-compliance with a code is considered to be grounds for negligence per se claim.

If you or a loved one has been involved in a premise liability or slip and fall accident or injured on the property of another, it pays to contact an experienced slip and fall or premise liability attorney who has decades of experience litigating these types of cases. The skilled Pennsylvania premise liability and slip and fall lawyers of Reiff and Bily have achieved numerous settlements or verdicts for a combined excess of hundreds of millions of dollars since 1979 on behalf of injured plaintiffs. Our skilled premise liability lawyers are members of the Beasley Reiff Law Group whose lawyers have collectively been awarded over two billion dollars since 1957. We always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Many years ago, a dear friend of my father’s was walking down a dark street behind a restaurant and fell to the bottom of an open shaft as a result of a faulty doorway hatch covering a stairwell which was designed to protect innocent passersby on the sidewalk. The hatch was on top of a delivery stairway used by trucks making food deliveries to the restaurant. There was no reasonable explanation as to why the hatch to the basement was faulty, there were no warnings posted, and it was obvious that the stairwell presented a hazard to pedestrians walking by without notice of the dangerous condition. While the owners and operators of the building and restaurant attempted to put the blame on my father’s friend, it seemed clear cut that no one would jump to the bottom of a delivery chute and that the fall had to be accidental.

Of course, in typical fashion, the defendants tried to throw every obstacle in the path of the man who attempted to make a claim for injuries, which included broken bones, concussion, and broken teeth. Testimony revealed that the individual was still in contact with the sidewalk when he unexpectedly stepped on top of the faulty doorway cover abutting the pavement.

Although this may sound like a freak occurrence, many pedestrians on the sidewalk do not expect that the common sidewalk they walk on may also contain the housing or entryway to a basement of which the building is stocked with supplies. If the pavement or hatch is in ill repair and not maintained properly, the situation is presented where it is simply an accident is waiting to happen. Frequently, a sidewalk adjacent to the vaulted space ends with a masonry or concrete wall that retains the soil beneath the street. Many times there exists deterioration of the structure to the hatch or doorway or a hollowness underneath the sidewalk which may only be seen by those who enter or exit the premises regularly. This collapse risk provides a danger to those unaware of the hazard and requires an experienced premise liability lawyer to fully investigate a claim if an injury should occur.

Since 1979, the experienced Philadelphia premise liability and slip and fall lawyers of Reiff and Bily have successfully tackled some of the most difficult slip and fall and premise liability cases and have achieved many multi-million dollar results on behalf of catastrophically injured clients. Our experienced Philadelphia slip and fall and premise liability lawyers always offer a free, no obligation consultation and a no recovery, zero fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

On November 21, 1980, a fire swept through the MGM Grand Hotel Casino (now Bally’s) in Las Vegas, Nevada, killing dozens and injuring many more. According to records 85 people were killed mostly through smoke inhalation. As I started to practice law in 1979, I was friendly with several acquaintances who were guests at the MGM during the hotel fire and so began my introduction to hotel fires as a young lawyer.

A few years later, in 1986, I was in Puerto Rico with my family on vacation during Christmas break when the DuPont Plaza Hotel in San Juan caught fire and close to 100 people perished. Every Christmas as I celebrate the holidays with my family, generally at a hotel or on a cruise, I cannot help but remember these tragic events which are forever inscribed in my mind.

As a catastrophic injury attorney who has specialized in burns, smoke inhalation, and premise liability, I have handled many cases involving smoke inhalation, carbon monoxide poisoning, and burn injuries. Over the years, if you are a viewer of television news, you have witnessed cruise ship fires on ships operated by a Norwegian Cruise Line (Nordlys), Princess Cruise Line, and Carnival Cruise Line (Splendor).

Several years ago I booked a cruise with my family and friends on a Celebrity Cruise Ship traveling from Buenos Aires, Argentina around the tip of South America up to Valparaiso, Chile. As the ship was coming out of the Rio Plata in Argentina, we were struck with what is known as a white squall and many people were injured.

While these events are only but a sample of what typically would be an unexpected event during a vacation holiday, the fact remains that when you book a hotel or cruise, you have every reason to expect that safety will be priority number one to the hotel or cruise ship operator rather than profits. Unfortunately, many times hotel and cruise ship operators attempt to disclaim liability completely with notices on tickets or on the premises of a hotel stating the “management is not responsible for any loss suffered by guests or their belongings."

As an experienced hotel accident lawyer, one thing is for certain, hotels and cruise lines will generally attempt to gain more protection then they are allowed under the law. Many times an attempt to ban liability can be used by a skilled and experienced premise liability lawyer against the hotel, making them fully liable for the guest’s injuries or losses. A cruise ship that departs from U.S. waters is defined as a common carrier according to '3(6) of the Shipping Act of 1984, 46 USC '1702(6). It is commonly accepted that a common carrier is under a “special duty beyond reasonable care to its vessel passengers." This special duty means that the cruise ship must see to it that cruise vessel vacationers get to and from ports in a safe manner, and furthermore states that cruise liners and their operators must exercise the highest degree of care to protect passengers carried for hire against physical injuries and other types of harm. The liability of cruise ships and hotels for passengers’ burns or smoke inhalation tend to be tricky business and requires the knowledge of experienced investigators and attorneys use to navigating these multi-faceted “waters" and often complex scenarios.

The hotel and cruise ship accident and premise liability lawyers of Reiff and Bily wish all safe travels. However should an accident at a hotel or on a cruise ship occur, we always offer a free, no obligation consultation and no recovery, zero fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

I was recently at an outdoor sporting event squeezing my way through people seated in the bleachers when I almost tripped and fell through one of the large gap openings. Although my wife many times tells me that I can be a “klutz", on this evening I saw many other people fall forward as their legs and feet almost slipped through the large gaps. What immediately came to mind, particularly as a Philadelphia premise liability and slip and fall injury lawyer, was that there was a significant risk of harm to innocent and unknowing visitors at the game. Yes, similar types of bleachers are used for sporting events, graduation ceremonies, parades, and other activities and often are constructed very quickly without giving a thought to proper guardrails, violations of building codes, and more importantly proper lighting which would illuminate or warn potential victims of a danger. Many of the bleachers in use today are not required to comply with building codes. However, it is important for the operator of the event, and owner of the bleachers to provide a safe sitting and walking arrangement to all who occupy the bleachers with an emphasis on slip and fall protection.

The U.S. Consumer Product Safety Commission takes this so seriously that they recommend retrofitting measures for many bleachers currently in use. The CPSC retrofitting measures recommends details for proper placement and arrangement of railings to prevent falls.

If you or a loved one has sustained an injury or fallen from a bleacher, it is best to immediately contact an experienced premise liability and slip and fall attorney who will work with experienced architects, civil engineers, as well as warning, illumination, and product defect analysis experts to determine who should be held accountable for resulting injuries. As always, the experienced Pennsylvania slip and fall accident and premise liability lawyers of Reiff and Bily offer a free, no obligation consultation. If we are successful in a recovery, you don’t owe us a dime. For over three decades we have successfully represented victims and their families in Pennsylvania and throughout the country jointly with co-counsel assuring that justice is served. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.