February 14, 2012

The Age of a Hotel Is A Poor Excuse for Not Having the Latest in Security Technology – Hotel Guests Have Every Right to Expect That They Will Be Safe

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.

February 13, 2012

Improper Security at an Apartment or Condominium Complex Often Leads to Liability for the Owners and Operators and Large Payments to Crime Victims

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.

January 31, 2012

More Slip and Fall and Premise Liability Cases Occur On A Single Step Which Many Experts and Authorities Have Defined As Being Unreasonable and Dangerous

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.

November 3, 2011

How Can It Be That Friday Night or Evening Football Games and Other Evening Sporting Events Are Potentially More Dangerous For Fans In The Bleachers Than The Players

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.

October 19, 2011

What Do You Do If You Are Injured At A Gym, On A Ski Lift, Or At Another Place Of Business And You Knowingly Or Unknowingly Consented To Waive Liability In The Event Of An Accident Or Negligence?

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.

October 15, 2011

Reiff & Bily Introduces “My Lawyer - Travels With Me" Smart Phone Application In Pennsylvania

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.

October 14, 2011

Halloween Hayride For Family Ends Up Too Realistically Frightful For This Family - Broken Bones and Bruises - It’s Not Just About Profits - Safety Comes First!

What started out as an evening event with laughter, smiles, cider, and ginger snaps for a large family group ended up as a frightful hayride adventure resulting in broken bones, bruises, neck and back injuries when the seats and trailer being pulled by the truck broke apart. One of the young ladies was pinned underneath the side of the trailer that fell. According to one of the parties, the trailer had a shaky feel to it and as it gained speed going down the hill seemed to disintegrate.

Haunted hayrides seem innocuous and innocent to those of us who welcome Fall and look forward “Kodak" moments with the kids. Unfortunately, dangers that lurk about hayrides are not limited to those dressed in costumes attempting to scare the daylights out of you. The real dangers lie in defectively manufactured, designed and maintained trailers, that are covered with hay and blankets, and often overloaded when they carry the hay riders. Many times hayrides are operated by profit driven individuals or businesses who fail to understand that safety of the rider is paramount to profitability. Hayride operators owe a duty to their riders to properly maintain and inspect the trailer, seats, and railings, as well as provide proper and safe control and supervision of the riders. Many times the truck is being operated by someone with a curious or questionable background and if they take a sharp turn or make a sudden stop or travel too quickly down a hill, there may be an accident waiting to happen. According to news reports, this past weekend many hayride accidents occurred throughout the United States due to failure to have proper safety restraints or restrictions and governance.

Our hearts, thoughts, and prayers go out to those injured in hayride accidents. While I don’t wish to take the fun out of life, I just want you to make sure that before you go on a hayride, do a little bit of due diligence and recognize that accidents do happen. Make sure the facility has an excellent record of success and safety and don’t be afraid to ask questions.

The experienced hayride and amusement accident and premise liability lawyers of Reiff & Bily have evaluated thousands of cases involving catastrophic injuries, broken arms, and unfortunately wrongful deaths, and has recovered hundreds of millions of dollars for victims and their families. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

October 12, 2011

A Slip and Fall Story Gone Bad

I received a call from an acquaintance whose elderly mother sustained a fractured hip and rapidly went into a severe physical and emotional decline requiring permanent assisted care and nursing support as a result of a slip and fall accident at a supermarket. The slip and fall took place at a retail store, and unfortunately, more than six months passed before the victim who has now entered a state of dementia as a result of the injuries, decided to contact a lawyer. A preliminary investigation revealed that surveillance films no longer existed, and it was impossible to secure independent witnesses or the identity of parties that caused the accident. In fact, it became extraordinarily difficult to even begin the basics of a proper accident reconstruction.

There is an important lesson to be learned here. When a victim’s life has been seriously altered due to a serious slip and fall or premise liability accident, it is important to immediately consult a serious premises liability and slip and fall injury lawyer who has a reputation for honesty and excellence that can honestly provide answers to questions. The proper preparation of a slip and fall or premise liability case requires immediate attention by experienced investigators, attorneys, and perhaps engineers. Premise liability injuries that occur on another’s person property often cause some of the most devastating injuries. Slip and fall or premise liability accidents are hard fought by insurance companies as they involve complex and difficult statements of facts and quirks in the law. Every case is unique with facts that must be applied to fact specific laws, and therefore, it is important to act immediately to get an independent evaluation by an experienced premise liability and slip and fall lawyer if you wish to properly protect your legal interests.

The experienced Philadelphia premise liability and slip and fall lawyers of Reiff & Bily have over 30 years of experience on their side and have had many multi-million dollar slip and fall and premise liability recoveries on behalf of their clients. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

October 11, 2011

Flood Light Which Was Not Working Fails To Illuminate Broken Section of Curb Causing Slip and Fall Resulting In Multiple Fractures - Jury Awards $826,000

Recently a jury awarded $826,000 to a 60-year old woman who tripped and fell over a broken section of curb that she did not see due to the failure of a flood light which did not illuminate the area of the fall. The fall victim sued the apartment complex alleging that a broken curb and non-operational floodlight created hazards on the premise and that the defendant failed to properly maintain the premises and repair the broken curb and light. There was no claim made for future medical expenses or lost earnings. The defense made an argument that the victim should have been able to see the curb defect without an existing light and that she tripped and fell on her own due to the fact that she was wearing high heeled shoes and her dog had twisted their leashes around her legs.

Slip and fall cases are always vigorously defended. The owner and occupiers of the land or premise where the slip and fall accident occurs have different degrees of responsibility to victims according to the status of the person who was injured. Slip and fall victims are classified as invitees, licensees, or trespassers. Slip and fall injuries that occur on another person’s property are very common and often result in serious or catastrophic injuries and many times in cases of the elderly with a broken hip can lead to life threatening situations.

The experienced Philadelphia slip and fall and premise liability lawyers of Reiff & Bily have recovered millions of dollars in settlement for victims and their families. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

October 10, 2011

Accident and Injury Victims - Beware of the "Easy A" Lawyer As You May Be About to Make One Of The Most Important Decisions of Your Life;

As a Philadelphia car accident and catastrophic injury lawyer who has been representing catastrophically injured victims, and their families, for more then three decades, I worry that internet and television marketing by many lawyers has led to a high number of victims and their families receiving what many would consider to be improper and inadequate legal representation. Many lawyers just look for an “Easy A". Too many times attorneys hoping to earn a quick and easy referral fee will spend tens of thousands of dollars even hundreds of thousands of dollars a month designing websites or TV advertising that inaccurately portrays their abilities. It is the goal of these attorneys to make perspective clients believe they are hiring experienced attorneys, who have recovered multi-million dollar verdicts, and are amongst the top car accident lawyers, truck accident lawyers, S.U.V. van rollover lawyers, medical malpractice lawyers, and Products liability lawyers in the field.

Lately I have received an alarming number of phone calls from seriously injured car and truck accident victims who were mislead by what I call a “parasite lawyer". A “parasite lawyer" is a lawyer who oftentimes lacks experience but attempts to conceal this by purchasing “black hat" internet links and creating embellished website content to make prospective clients believe they are hiring an experienced lawyer or law firm to represent their legal interests when in reality they are hiring a lawyer who simply thereafter refers their case to another attorney for a fee. I call this the “Easy A" system whereby an inexperienced attorney, or an attorney who has no interest in representing you or your loved ones, tacks a fee onto your recovery for doing nothing more then referring your case to another attorney. Frequently many of these marketing attorneys operate their websites from out of state and have creative advertising joint and cooperative ventures with other lawyers and law firms creating the illusion that they are something more then they really are. Always pay attention to the disclaimers and small print at the bottom or end of the advertisement as it quickly passes you by.

If you or a loved one has been injured in a car accident, truck accident, tractor trailer accident, bus accident, boat accident, S.U.V roll over accident, 15 passenger van rollover accident, amusement park accidents, premise liability accident, slip and fall accident, burned in a fire, bitten or attacked by a dog, the victim of inadequate security, falsely imprisoned, sexually assaulted, injured on a cruise ship, injured on a plane, in a construction accident or injured as a result of a defective product or medical malpractice you may be eligible to recover for your injuries.

As an experienced and highly rated Pennsylvania Super Lawyer with decades of experience, whose law firm has handled and collected hundreds of millions of dollars in recoveries for catastrophically injured victims, and their families, as well as those who have sustained wrongful deaths, I strongly advise that you personally interview the attorney who will be handling your legal case. Do not be afraid to ask for references. Make sure that he or she is regularly available to meet and speak with you about your case as it develops. Make sure your case is not being handed over to a paralegal or newly graduated lawyer who might lack the required experience. Inquire whether or not the lawyer has ever had any disciplinary issues or is even licensed to practice law in your state. Inquire about independent and non biased reviews of your lawyer from third party ranking or rating organization. Check the attorney's ranking on Avvo or the Martindale-Hubble record of standing. Never be afraid to get a second opinion from another lawyer if you don't like what you are hearing or don't feel comfortable as the case develops.

After all you only get one bite at the apple, and the selection of your lawyer may be one of the most important lifetime decisions that you will ever make.
Chance will always favor the prepared mind.

October 9, 2011

Do Amusement Accident Lawyers Really Take The Fun Out Of Life Or Are They Performing A Service To Many Children And Parents Who Don’t Recognize That This Industry Is Not Regulated Enough

I have been researching, investigating, and litigating amusement park accidents, water park accidents, and hayride accidents for over three decades. I have been attacked by many individuals stating that I am nothing but a greedy lawyer taking the fun out of life. Many individuals today who are riding on safer amusement rides or using safer products quickly point the finger at lawyers and without the fight of dedicated lawyers for consumer safety and protection many products manufacturers, or amusement park operators and amusement manufacturers would still be placing profitability ahead of safety concerns.

When I meet with parents of children who were catastrophically injured or died on an amusement ride or hayride and the owner/operator points the finger at an innocent child when in fact the amusement or attraction was improperly maintained, improperly inspected, or was operated by an individual with a questionable background who was improperly trained, I am astonished to see a public relations campaign attacking lawyers who only get paid if they are able to prove fault or negligence and win a case. I am astonished and surprised to read negative posts on blogs by people who don’t have a clue as to what really happened and who most probably would also seek legal representation and an independent investigation if they or their child was catastrophically injured or killed.

Our experienced amusement park and theme park accident attorneys always work only on a contingent fee basis and only charge a fee if we win the case. Many amusement parks claim that they regulate themselves and have proper motivation to insure safety and many state agencies that regulate amusement parks don’t have the budgets or technical expertise necessary to properly do their jobs. In fact, many theme parks and amusement park operators claim that state and local legislators lack budget resources and technical experience to carry out proper safety checks and investigate accidents and claim that they can do it better. I believe that if an amusement park or water park is operating safely and taking all steps to insure that amusement ride accidents do not occur, they should not be so afraid of a lawyer double checking the system. After all, a contingent fee amusement park and theme park accident lawyer will not take the case or get paid if, in fact, it can be determined that the owners and operators did nothing wrong. For those who complain that lawyers are taking the fun out of life and always blame the victims. Think about how you would feel if you were catastrophically injured or your child was killed at a theme park or amusement park that was said to be safe and carefully hid defects and problems from the public.

Checks and balances are a good thing.

October 5, 2011

What Happens When You Go To A Club Or Party Where There Is Dancing And Slip On Liquids On The Floor And Break A Bone?

I was recently contacted by a client who was dancing at a wedding party and slipped on a puddle of liquid that had spilled on the dance floor and broke her leg.

As I have been handling slip and fall accident and premise liability cases for over 30 years, this was not the first time that I had been confronted with such a case scenario. The law of Pennsylvania states that the possessor or operator of land who holds it open to the public for business purposes is subject to liability to members of the public while they are upon the land for such a purpose or physical harm caused by the accidental negligence or intention harmful acts of third persons or the failure of the possessor to exercise reasonable care to discover such acts are being done or likely to be done or give adequate warning to enable visitors to avoid the harm or otherwise protect them against harm. It can be reasonably anticipated that anyone going to a resort, catering hall, hotel, restaurant, or place of wedding or party function would have a reasonable expectation that the operator or owner who invites those individuals there may reasonably expect that all those visiting may not behave in a proper and responsible fashion and therefore bears responsibility for injury that follows the absence of reasonable precaution against the common expectation. Taking this into account, our experienced Philadelphia slip and fall law firm has been successful in these cases in the past making the argument that the operator must exercise reasonable care to prevent liquids in areas where dancing activity is taking place or in high traffic areas and bears responsibility to take reasonable precautions to maintain and inspect the premises.

The Philadelphia slip and fall and premise liability lawyers of Reiff & Bily always offer a free, no obligation consultation to those who sustain serious injuries as a result of falling or slipping on the premise of another. Our skilled and experienced Philadelphia slip and fall lawyers have recovered hundreds of millions of dollars representing the interests of catastrophically injured victims and their families. We always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.