Philadelphia Injury Attorney Blog

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.

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.

Recently a young boy drowned while swimming at night in a swimming pool owned by a major hotel chain while attending a wedding reception. Although alcohol was involved, there were numerous other violations pointing to owner/operator negligence for swimming pool operations and premise liability which led to the tragic death. Recently I was a guest at another major hotel chain with an indoor pool and was surprised to notice that the hotel did not secure the pool at night by locking doors even though claiming it was closed during evening hours. The hotel’s actions indicated that guests were allowed to swim at night and the area was dimly and darkly lit. The hotel also had business and social functions ongoing in the lobby and bar areas and it was very possible for guests who were intoxicated to enter the pool.

In the hotel swimming pool drowning accident case where the boy drowned, an aquatic safety consultant was retained and stated that the hotel was negligent in that it failed to secure the pool at night with locked doors or gates even though they claimed it was closed during evening hours. Routine pool controls and patrols were not conducted for safety and the pool was lacking safety signs, rescue and resuscitation equipment. There was no one on staff ultimately in charge of the pool and in fact, many of the safety breaches which led to the finding of liability on behalf of the hotel chain were in violation of the company’s written policies.

As an experienced Philadelphia hotel safety and Philadelphia swimming pool accident lawyer for over thirty years, I understand that safety is priority number one and that hotels and motels owe the highest duty of care to those who visit the premises as customers to insure their safety and protect them from significant harm or death. If you or a loved one has been injured as the result of a swimming pool accident, please contact us for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

I recently resolved a case for a confidentially significant amount of money for a young woman who sustained permanent injuries and severe scarring when she was struck by a heavy self closing corridor door in her school hallway. The young lady was walking with friends through the school hallway and a heavy glass paned corridor door closed quickly on her. She put up her hand to protect herself whereupon her hand broke through one of the “safety door" glass panes.

The experienced Pennsylvania premise liability and product defect lawyers of Reiff and Bily hired an engineer and architect to examine and analyze the circumstances of the glass failure and the results of the inspection and analysis were more concerning and alarming then one would believe. Each one of the “safety" doors had 15 rectangular glass panes with exposed areas of panes approximately 8" x 14". I remember being in school when doorway and window glass panes were a wired glass and hexagonal chicken wire pattern yet these doors were just clear unlaminated plate glass. Not only that, the doors were old, heavy doors with failing hydraulic closers mounted at the top that were leaking oil or fluid creating excessive force. Architecturally, there is a difference between safety glass and fire rated glass. Safety glass is intended to reduce the likelihood of severe cuts to people as well as resist breaking in the first place. Wired glass is not safety glass but many times individuals operate under the common misconception that it is. When the school doors were analyzed, they failed a closing speed and closing force test in that they closed in approximately two seconds versus the suggested five second minimum. Obviously, anyone attempting to prevent the door from closing on them would naturally put their hand in the air and the combination of the force of the door closing and the lack of safety glass presented a hazardous and grave danger of high magnitude to innocent and unknowing students. Of course, it is reasonably foreseeable for a student to instinctively put her hand up to block a door closing. Many times, doors have push plates which are fastened to doors for the purpose of providing a spot for pedestrians to place their hands to push a door open. In crowded conditions the chance of missing the plate inadvertently is great and not all students, especially younger ones, understand to use the plate.

Our case was successfully settled against the building owner and school who was determined to be responsible for safety and maintenance and should have noticed non-safety glass used on these doors and should have foreseen that a grave accident such as that caused to our young client. Our skilled premise liability and glass accident lawyers were able to prove violations of applicable property maintenance codes including those of BOCA, ICC, and City codes. The hazardous conditions were easily correctable at a minimal cost. Failure to take action fell below the duty of care owed by institutional facilities such as the school to students attending the school and their parents. Our skilled school accident lawyers were able to prove that the hazards and engineering and architectural failures created a grave danger to students resulting in a substantial confidential resolution prior to trial. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Over the years, as an experienced catastrophic accident attorney , I have represented a number of clients who were injured at a gym, or on a ski slope and the business owner or operator attempted to deny coverage or liability due to an exculpatory clause in the contract, membership agreement, or lift ticket that stated that the facility waived any liability in the event of an accident.

Pennsylvania law provides that an exculpatory clause or a clause waiving liability is valid if it does not violate any policy of the law, the contract is between persons relating entirely to their own affairs and each party is a “free bargaining agent", and is not in effect a contract or adhesion whereby one party simply adheres to a document which is powerless to alter having no alternative than to reject the transaction entirely. Even if a clause in a contract is determined to be exculpatory, the Supreme Court has established standards that must be met before it will relieve one from liability that the law would otherwise impose.

1) It must be strictly construed since it is not favorite of the law.

2) It must spell out the contention of the parties the greatest particularity so as to show an intent to release from liability beyond a reasonable doubt by express stipulation, no inference from words or general import can establish it.

3) It must be construed against the parties seeking immunity.

4) The burden to establish immunity is upon the party who asserts it.

Obviously if you or a loved one has suffered a catastrophic injury or wrongful death at a business entity, property or recreational facility of another, a clause attempting to limit or extinguish their liability may not necessarily release the offending party from their responsibility for injuries and accidents. Many individuals and lawyers pay heed to the chilling effect of these clauses and do not understand that such communication must be understandable without ambiguity or deception and may often call for the involvement of an experienced catastrophic injury or wrongful death lawyer.

For over three decades, the experienced Pennsylvania personal injury and Philadelphia premise liability lawyers of Reiff & Bily have successfully tackled some of the nation’s toughest defendants and largest corporations on a no recovery, no fee basis representing the interests of consumers. We believe that safety and not profitability should be priority one, and our skilled catastrophic injury attorneys have a successful track record holding wrongdoers accountable. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

The law firm of Reiff & Bily has joined forces with the Beasley Firm and together the Beasley Reiff Law Group now offers for free “My Lawyer - Travels With Me" iPhone and Android application to help Pennsylvania residents who are involved in a catastrophic accident.

The law firm of Reiff & Bily and the Beasley Firm are two nationally recognized law firms dedicated to serving those who have been catastrophically injured or wrongful death due to defective products, medical malpractice, premise liability, and amusement park or water park accidents. Together our lawyers have been awarded over $2 billion dollars in verdicts and settlements since the mid-1950's.

Our new “My Lawyer - Travels With Me" application will provide all of the tools to those injured in an accident to take timely and lawful action in order to protect their legal interests and financial future.