February 7, 2012

Government Studies Focusing On Veterans Disability Issues Resulting From TBI Enables Trial Lawyers Representing Civilians Who Suffer From TBI and PTSD To Expand Their Focus And Add Credibility To Their Claims

Recently traumatic brain injury has been in the news as it applies to athletes, most notably football players, as well as more concentrated focus on efforts by the United States government as indicated in a press release from the White House on January 11, 2012. In the White House press release, First Lady Michele Obama announced a major coordinated effort by America’s academic institutions to address and combat PTSD and traumatic brain injury. The White House announced a commitment to an initiative of the Association of American Medical Colleges and the American Association of Colleges of Osteopathic Medicine to leverage missions in education, research, and clinical care to meet unique health care needs in military and veterans communities which involves PTSD (post-traumatic stress disorder) and TBI (traumatic brain injury).

Diagnosis and treatment of PTSD and traumatic brain injury has long been swept under the carpet and the understandings that arrive from research were not widely distributed. Researchers are now working and developing new major imaging that allows visualization of brain wiring in high definition which could lead to new breakthroughs in the diagnosis of TBI. Many unknowing victims have been diagnosed with TBI, and in the case of professional athletes, many players stated that they would try to hide brain injuries rather than leave the game. Many sports fans and team owners claim if brain injuries are part of the game then at some point there would be no game. Tragic circumstances surrounding the incident in which U.S. Representative Gabrielle Giffords was shot in the head have also significantly increased awareness of traumatic brain injury.

Millions of Americans live with a traumatic brain injury and it is estimated that millions of cases of TBI occur and go unreported each year. Although most of the TBI’s are considered mild, they do have a tremendous cumulative effect on the lives of the victims.

If you have been involved in a serious accident and sustained a blow to your head by virtue of a bus crash, auto accident, motorcycle accident, sporting accident, slip and fall accident, amusement park accident, and notice dizziness, loss of focus, ringing in the ears, imbalance, or sensory deprivation, you should present to an emergency room immediately and contact an experienced TBI professional.

The Philadelphia traumatic brain injury and post-traumatic stress disorder lawyers of Reiff and Bily salute increased government attention focused on TBI and PTSD and understand how the complexities of the issues faced by victims of accidents that suffer from TBI and PTSD. We have over 30 years of experience representing victims who have suffered traumatic brain injury and understand the assistance that is necessary to put TBI victims on the same footing they were prior to the incident that caused this unfortunate diagnosis. We always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

February 6, 2012

Hotel Bathrooms Should Be A Safe Place For Guests And Not The Place For Slip And Fall Injuries Advises Hotel Accident and Premise Liability Lawyer

Many times a month, I find myself traveling for business and in strange hotel rooms. I am constantly amazed at how designers of hotel rooms and the corporations that manage hotels neglect health and safety concerns when they have an obligation to provide a safe bathroom environment to guests. The health and safety of guests should be the primary concern when designing any bathroom, particularly those at hotels where the well-being of guests is paramount and the surroundings are unfamiliar and unknown to many visiting guests.

While fine hotels often spend money on fine toiletries, many times they fail to provide bathroom safety factors such as grab rails, non-slip tiles, or select bathtubs with slippery versus non-slippery surfaces. Many times hotels do not properly monitor or control temperature fluctuations in showers which can fluctuate in the fraction of a second and cause severe scalding burns.

The Philadelphia premise liability and hotel accident lawyers of Reiff and Bily understand that legislative standards are only minimal standards and that hotels have an obligation to safely protect their guests which should be priority number one.

The premise liability and slip and fall accident law firm of Reiff and Bily is a nationally recognized personal injury law firm that has represented many clients who have sustained serious injuries as a result of slip and falls that occur in hotels. Our Philadelphia premise liability lawyers have helped many clients recover the maximum monetary compensation possible for their slip and fall cases with multiple slip and fall cases resulting in settlements and verdicts in the six and seven figure range. We understand premise liability and slip and fall laws and have been successfully tackling our opponents for over three decades. Call today for a free consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com to receive a free case evaluation from one of our Pennsylvania slip and fall lawyers.

February 3, 2012

There May Be A Danger Of Getting On Or Off Trains Or Moving From One Railroad Car To The Other Advises Railroad Accident Lawyer

We recently evaluated a Railroad gap case where a client was catastrophically injured when they feel through the gap between the train’s doors on the railroad car and the train station platform. The design of the front stairs of the train resulted in a significant gap between the bottom stair of the train and the landing at the train station.

It is generally a well-accepted principle in railroad gap cases that the horizontal gap between the open train door and the platform should be a reasonable distance so that one may exit and enter the train in a safe fashion without falling through the gap. railroad accident train gap accidents are more common than you think and many times the gap exceeds the railroad’s own internal standards. Many railroad platforms have problem gaps. In fact recent studies indicate that more then 30 percent of train stations have dangerous gaps.

Railroad gap slip and fall accidents are some of the most common claims made against railroads. According to recent reports the number of people reporting that they were involved in a slip and fall accident due to the gap between the train and the train station platform is skyrocketing. In fact, there are several websites devoted to railroad safety and the railroad gap problem.

For over 30 years, the Philadelphia train accident lawyers of Reiff and Bily have represented victims who have been injured by the negligence of Amtrak, SEPTA, and other railroads. The Philadelphia railroad accident attorneys of Reiff and Bily have the necessary skill and experience to fight for your rights to make sure that you are not left with lost wages and medical bills that continue to accumulate, as well as recover damages for the loss of life’s enjoyment and pleasures. We always offer a free, no obligation consultation 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.

December 8, 2011

A Defectively Designed Installed or Improperly Maintained Downspout and Gutter Can Often Lead to Catastrophic Slip and Fall Injuries and Resulting Monetary Damages from the Owner or Operator of the Property

As an experienced Philadelphia slip and fall and premise liability attorney, and also as the owner of a number of real estate projects, I am all too well aware that gutter and downspout defects can lead to a host of problems ranging from property damage to serious personal injuries. If a downspout or gutter is improperly installed, maintained, or designed, it can lead to clogging and overflowing, which can result in accumulation of water in the summer and ice in the winter, which frequently is the cause of slip and fall accidents.

I recently concluded a significant slip and fall lawsuit caused by a defectively designed gutter and downspout system which resulted in a life altering permanent injury requiring installation of medical hardware, permanent disfigurement, and the inability of my client to walk with a normal gait.

Over the last 30 years, I have investigated and litigated a multitude of slip and fall cases caused by dangerous conditions on commercial and private properties relating to improperly placed downspouts, which resulted in serious artificial accumulation of water and artificial conditions, which led to serious and permanent injuries. In the winter time with snow fall accumulations on a roof, it is not an infrequent occurrence for snow to melt, flow down the downspout, and then freeze at night when temperatures drop. Simply stated this creates a dangerous condition to individuals who walk in the area of the downspout discharge. If a victim slips and falls on an ice patch caused by a defective gutter, downspout, or improperly designed or maintained parking lot, driveway, or sidewalk, where accumulations of water collect and freeze, the owner or landlord may be liable.

It is important to conduct regular maintenance to prevent ice patches, as well as treat the affected area with salt and abrasive substances to increase surface friction.

Many municipalities have ordinances regarding how to best way to clear snow and ice from a property in a timely fashion and protect yourself from liability. With the winter months coming, snow and ice are sure to enter the equation and slip and fall accidents are very common.

If you or a loved one has been injured in a slip and fall accident, the experienced Philadelphia slip and fall and premise liability lawyers of Reiff and Bily always offer a free, no obligation consultation. We have over 30 years of experience handling slip and fall cases, and our record of success speaks for itself. We always offer a no recovery, zero fee guarantee and a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

November 14, 2011

How a Visit to a Local Philadelphia Gas Station Mini Market Changed the Life of a Visiting Customer Who Was Injured in a Slip and Fall Due to a Clear Violation of Building Codes

In the winter of 2011, a client of ours parked her car and exited her vehicle to walk toward the sidewalk at the side of a relatively new convenience store. Although the lot had been plowed after a snowstorm, this young woman had to step over a pile of snow along the curb that had accumulated. After carefully and safely stepping over the snow mound, she went to enter the store and violently fell and slipped backward on black ice injuring her back and leg, requiring surgery and the permanent insertion of hardware and screws which left her with a permanent disability and physical scarring.

As an experienced Philadelphia slip and fall attorney who has lectured commercial business owners and hospitality providers on the dangers of slip and fall accidents, we immediately contacted an architectural and engineering specialist to review the facts of the situation. Just as I had originally guessed, an artificially created accumulation of ice had occurred due to an improper discharge of a defective roof drainage gutter system and downspout. The standard practice for safe walking surfaces is set forth in a nationally published consensus standard which should be followed to provide reasonably safe walking surfaces. It provides that walkway surfaces shall be slip resistant under expected environmental conditions of use and shall contain an abrasive additive, cross cut grooving and texturing, and other appropriate means to render the surface slip resistant where wet or icy conditions may be reasonably foreseen.

Also, taking into account that it was winter, the law of Pennsylvania requires that property owners be prepared to deal with the effects of winter weather such as snow or ice. This can be done in-house or contracted out. The local ordinance provided that all sidewalks, walkways, stairs, driveways, and parking spaces must be kept in the proper state of repair, maintained free of hazardous conditions, and that all roof and gutter drainage systems shall be sound and tight without having defects to admit rain. Roof drainage must be adequate to prevent dampness, the deterioration of walls or the interior portion of the structure and roof. Drains, gutters, and downspouts shall be maintained in good repair and free from obstructions so that roof water shall not be discharged in a manner that creates a public nuisance.

The National Association of Convenience Stores, a trade association for convenience stores, published a manual entitled “If Somebody Slips, Your Business Could Fail” and “Move It, Fix It, Prevent It: Avoiding Slips, Trips, and Falls.” To make a long story short, it was clear that our skilled Philadelphia slip and fall lawyers were able to successfully argue that the roof water was not discharged in a safe and proper manner and was in violation of code thereby creating a public nuisance and hazardous condition which resulted in permanent disabling injuries. We were also able to demonstrate that the hazardous condition violated the requirements of Americans With Disabilities Act and caused a dangerous condition which was the cause of the client’s fall.

If you or a loved one has been involved in a slip and fall or premise liability accident and have suffered serious injuries, why not have a free consultation with a team of experienced Pennsylvania slip and fall lawyers who have handled thousands of slip and fall cases for over three decades, leading to many multiple six and seven figure recoveries on behalf of their clients.

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 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 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.

October 1, 2011

Who Is Responsible When You Slip On A Sidewalk In Pennsylvania And Break A Bone or Worse yet Become Paralyzed.

Pennsylvania law states that property owners have a duty to keep their sidewalks in a reasonably safe condition for travel by the public. Property owners must maintain their sidewalks so they do not present an unreasonable risk of harm to pedestrians or a passerby. A breach of duty by the property owner or any other reasonable party must be carefully defined on a case by case basis. Obviously the size of the evaluation, depression, or irregularity of the sidewalk must be taken into consideration and if it is trivial versus a large defect, a jury will consider whether or not the property owner was negligent. Obviously the deeper and larger the defect, the more likely the victim’s chance of winning the case. Also the plaintiff’s lawyer must consider whether or not the defect was open and obvious and if a reasonable person exercising prudent care could have avoided the defect or should have taken notice of the same as to avoid injury.

Over 30 years ago my wife tripped and fell on an elevated sidewalk pavement in her 8th month of pregnancy and sustained a comminuted fracture of the wrist which to this day gives her pain and successfully enables her to predict when a rain storm or thunderstorm is approaching.

The experienced slip and fall accident lawyers, and premise liability lawyers of Reiff & Bily have been successfully litigating premise liability and slip and fall accident cases since 1979 and have received hundreds of millions of dollars on behalf of injured victims and their families. If you or a loved one has fallen on property of another or fallen on a sidewalk of another please, please contact us for a free, no obligation consultation and we will try to take the hassles out of your life as the relate to a slip and fall accident. As always we offer a free no obligation consultation. For more information, contact us toll free at 1800-421-9595 or online at www.reiffandbily.com.

September 30, 2011

Why It Pays To Hire An Injury or Accident Lawyer With Decades Of Experience and Who Has Had His Own Injury Claim – No Substitute For Experience and Empathy

All personal injury cases involve unexpected encounters with others which goes the wrong way whether it be a car accident, slip and fall accident, or a product liability claim. As a personal injury accident lawyer who has represented thousands of clients for more then three decades I understand what it is to walk in the client’s shoes.

Many clients have come to my law firm after a frustrating experience with another lawyer who did not communicate in a timely or responsible manner with the client or victim’s family members after they had already been burdened by the financial and emotional pressures of a tragic accident. After the initial meeting, the smiling lawyer dropped off of the “communications map”. When a personal injury lawyer is retained to represent a victim and their family after a catastrophic injury or wrongful death has occurred, it is perhaps one of the most important relationships that will ever be formed between individuals who may not have ever known each other before. It is important that the lawyer and the client communicate and make all major decisions together and have open conversations in a civil professional and cordial fashion. Litigation breeds anxiety in clients. It is important that the attorney communicate realistic ideas about the value of the client’s case and their prospects of success clearly and candidly.

The experienced catastrophic injury and wrongful death lawyers of Reiff & Bily have been litigating legal claims on behalf of injured clients involving medical malpractice, amusement park liability, defective products, and premise liability since 1979 and we always try to carefully explain the elements and issues of each case to all potential clients as well as explaining our burden of proof. As each case is unique, it is impossible to determine the value of a case in the initial stages, and past results do not necessarily guarantee similar results in a similar case. When something bad happens to a client, it is human nature to want to hear good news. However, one must be honest and candid with the client for the client to understand that our civil justice system is based upon concepts of fairness and reasonable restitution. Many clients mistakenly think that because they were in an accident, they are guaranteed a retirement check. This is not always the case.

When you go to a fine and experienced lawyer, it is analogous to going to a tailor to have a suit custom made. Every situation will be different and the experienced lawyer like the experienced tailor knows how to fit the unique facts of the situation in a custom and individual fashion in order to maximize the result. Years of experience not only benefits the client but also serves as an advantage when dealing or negotiating with insurance companies and defense attorneys who understand the character traits and integrity standards maintained by a particular lawyer or law firm.



Continue reading "Why It Pays To Hire An Injury or Accident Lawyer With Decades Of Experience and Who Has Had His Own Injury Claim – No Substitute For Experience and Empathy" »

September 23, 2011

What Legal Rights Do I Have If I Am Visiting Someone Else’s Home or Business And Fall Down The Steps and Injure Myself?

Imagine this scenario, you are visiting a friend or acquaintance’s home or a business and due to a defect, you fall down the steps. Even worse imagine it is your elderly parent who slips and falls down the stairs and suffers a serious injury.

Every year hundreds of thousands of people slip and fall down stairways due to worn out carpets, stairway design defects, slippery surfaces, improper height, or another problem creating a dangerous surface area that any reasonable person taking care of the property would have discovered, repaired, or removed. Many people run up and down stairways without a thought of an accident happening. However, a defective stair or stairway design can lead to catastrophic injuries such as spinal cord injuries, paraplegia, quadriplegia, broken bones, internal injuries, or a devastating hip fracture in elderly people which often leads to a premature death.

Many times these slip and fall accidents could have been prevented by the simple exercise of reasonable care or correction of the defect by the property owner or operator. Often steps and handrails are non-compliant with codes which means that property owner or operator can be held financially responsible for resulting injuries. When a fall down occurs to an elderly person, it ultimately often results in death.

The premise liabilityand stairway fall accident lawyers of Reiff & Bily have a successful track record representing individuals who have been catastrophically injuredand unfortunately wrongfully killed due to falls down stairways, or slip and fall accidents on another’s premises due to design defect or failure to maintain the property in a prudent manner. Our skilled Philadelphia slip and fall accident and premise liability lawyers have recovered millions of dollars on behalf of catastrophically injured victims and their families. If you or a loved one has sustained a fall on the property of another, or has fallen on a stairway of another, please contact one of our experienced slip and fall accident and stairway defect lawyers for a free, no obligation consultation. Recently the law firm of Reiff & Bily has joined forces with the legendary Beasley Firm and together our attorneys have been awarded billions of dollars since 1957 representing the interests of thousands of catastrophically injured victims and their families. We always offer a free, no obligation consultation. For more information contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

July 25, 2011

What Happens If You Go Into A Grocery Store Or Any Store For That Matter And Something On The Shelf Falls Off Or A Product Improperly Stacked On The Shelf Falls Off And Strikes You In The Head And Injuries You

Recently a New York jury awarded $1.1 million dollars to a woman who was struck by a falling shelf in a Bronx grocery store. The jury found that the shelf was improperly stocked and had not been properly secured, and the victim claimed that the shelf fell on her while another worker was placing aluminum pans on the same. The victim claimed that the shelf dislodged, fell on her head, and activated an arthritic condition of her spine causing herniations of two discs. The defense denied negligence of the shop owner and also contended that the woman’s condition was not worsened by the accident. However the jury thought otherwise.

As an experienced Philadelphia premise liability lawyer for over three decades who has represented generations of injured victims, the law recognizes that when you enter a business premise, you are classified as a business invitee and are owed the highest duty of care. If a property owner neglected to correct an unsafe condition or caused an unsafe condition to exist which caused your injuries such as being harmed by falling merchandise or shelves, you may have a right to recover compensatory damages. If your injuries require you to take time off from work and undergo medical procedures, rehabilitation, and lost wages, an experienced Pennsylvania premise liability lawyer can help you recover the compensate that you deserve.

Since 1979, the experienced Philadelphia premise liability lawyer and store injury lawyers of Reiff & Bily
have protected the rights of injured people and their families throughout Pennsylvania. We always offer a free confidential, no obligation consultation. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

May 13, 2011

Slippery Swimming Pool Decks And Marina Docks Can Create a Liability For The Owner

Swimming pool decks and marina docks can be a liability to the owner or operator if they are not maintained in a safe and proper fashion. Obviously because swimming pool decks and marina docks are located near water and constantly getting wet the potential for a violent slip and fall accident exits if the coefficient of friction is not above standards identified by the Americans With Disabilities Act of a 0.60. A pool deck or dock should be properly designed to take into account the increased friction coefficient that is required to make them safe and prevent a hazardous slip and fall accident. Proper rules of safety must be applied and maintained, and the owners or operators should maintain a maintenance program including but not limited to spraying the deck or dock to remove any contaminants that would help retain the slip resistant nature of the surface and should not use soaps or detergents that leave a filmy residue to make the area less safe. Many times these surface areas are coated with mildew or residue from cleaning products coating the friction reducing surface and can often lead to a slip and fall injury.

The experienced Philadelphia slip and fall lawyers of Reiff & Bily have been successfully litigating slip and fall cases for over 30 years and recently joined forces with the Beasley Firm and together both firms have been awarded over $2 billion dollars on behalf of catastrophically injured victims and their families. A slip and fall injury can often cause a closed head injury, traumatic brain injury, spinal cord injuries, bone fracture, paresthesia, herniated discs, permanent scarring, abrasions, and lacerations, and additionally, a slip and fall victim can fall into the water and potentially drown. Our highly qualified Pennsylvania slip and fall attorneys are more than willing to offer a free, no obligation consultation to help you recover the compensation necessary to put you back in the game after a slip and fall accident. Please contact us online at www.beasleyreifflawgroup.com or toll free at 1-800-588-0130.

April 27, 2011

Dirty And Greasy Floors At Many Restaurants, Including Fast Food Restaurants, Lead To Broken Bones Or Worse

Greasy and slippery floors in areas frequented by customers of restaurants just don’t go together. Simply put, it is an equation for disaster. When there is grease or contamination on a floor surface from oil, soil, water, or a foreign material, the stage is set for a slip and fall accident. As an experienced Pennsylvania slip and fall lawyer who has handled thousands of slip and fall cases for decades, I am well aware that many restaurant operators and building operators fail to use the proper cleaners for breaking up and removing contaminants or take short cuts as part of an overall housekeeping program. In the restaurant environment, animal and vegetable fats used in cooking oils hydrolyze and fall to the floor as a grease contamination. Grease in the presence of water can produce a very slippery floor. Over a time period triglyceride molecules and grease can unite to form a long chain polymer called polymerization and form a hard grease on floors that is resistant to most detergents. Cleaning a restaurant kitchen floor with a mop and pail with hot water and detergent only partially cleans the floor.

Our experienced Pennsylvania slip and fall lawyers have been able to demonstrate through expert testimony that a restaurant hard surface floor is only clean when the polymerized grease film is also removed which means that a generous amount of the proper detergent must be applied to the floor in 160 degree water with a dwell time accompanied by vigorous brushing. The greasy residue must be picked up using a squeegee or wet vacuum or rinsed with hot water. Many times the proper way to clean the floor is by virtue of a pressurized steam cleaner with the proper detergent. Our Philadelphia slip and fall lawyers are well aware that many restaurants or buildings fail to have a proper training program for persons responsible for inspecting maintenance and cleaning which includes the definition of cleaning requirements, cleaning procedures, safe handling of disposable chemicals, and emergency conditions and operations. The proper maintenance involves regular record keeping or reporting related to maintenance issues. All floor surfaces should regularly inspected for wear, damage, debris, and contaminants, and occasional testing of floor surfaces should be utilized to monitor slip resistant levels and to determine effectiveness of floor cleaning protocol. Many lawyers will tell you that slip and fall claims are often difficult to prove and restaurants and other establishments will fight a slip and fall case as aggressively as they can.

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February 1, 2011

With Yet Another Round Of Snow And Ice Forecasted For The Philadelphia Area, This Experienced Premises Liability Lawyer Advises Be Prepared

The Northeastern part of the United States and particularly the Pennsylvania and Philadelphia region is forecasted to be hit yet again with more snow and ice this week. But with snow and ice still on streets and sidewalks in Philadelphia, this experienced Philadelphia premises liability and slip and fall lawyer advises be prepared. It has been several days after the snow storm of last week and many sidewalks and parking lots have not yet been shoveled or salted. Philadelphia hospital emergency rooms and orthopaedists are on overdrive tracking cases of fractures and more severe injuries.

The Philadelphia premises liability and slip and fall lawyers of Reiff & Bily know that it is the duty of all property owners to keep their property safe for people. The owner of the property must properly remove ice and snow and salt or place down a non-abrasive surface to all entrances, pathways, and parking lots. Obviously it is unrealistic to remove snow consistently throughout a snow storm. However if a day or two passes, the owner is reasonably expected to salt and/or sand and shovel to prevent injuries to innocent passersby. Slip and falls on snow and ice often leads to spinal injuries, broken bones, closed head injuries, herniated discs, spinal fusions, and brain injuries which can have a drastic impact on the victim’s ability to work. Many times medical expenses can skyrocket into the hundreds of thousands of dollars. Our experienced Philadelphia slip and fall lawyers have recovered millions of dollars for victims of slip and fall accidents caused by snow and ice and the failure of the property owner to provide a safe passage and environment.

If you have been injured in a slip and fall on ice or snow, please contact one of our experienced Philadelphia premises liability lawyers to carefully investigate your situation to determine if there is a cause of action as icy and snowy conditions are some of the most common causes of slip and fall accidents. Reiff & Bily has now joined forces with the legendary Beasley Firm and has successfully evaluated cases for clients who have suffered catastrophic injuries as the result of a slip and fall on ice or snow. Since 1958, both firms have been awarded in excess of $2 billion dollars for injured victims and their families. For a free, no obligation consultation, please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595. Always remember our no recovery, zero fee guarantee.

January 24, 2011

Philadelphia’s Winter Weather Leads to Icy Pavements, Slip and Falls, Broken Bones, and Spinal Injuries

For over 30 years, our experienced Philadelphia slip and fall lawyers successfully represented individuals who have slipped and fell on snow and ice. We have secured many multi-million dollar awards for victims of slip and fall accidents. In Pennsylvania, property owners have a duty to keep their property safe for all people who have a right to be there. This includes proper snow and ice removal in the winter months. Pennsylvania law dictates that a property owner has an obligation to remove snow or ice from sidewalks or walkways, driveways, and parking lots and must do so within a reasonable time after a snowfall or ice storm. It is reasonable to expect that the owner of a property should lay salt or sand to prevent an accumulation of ice on a slippery surface where one could fall, break bones, or sustain a serious spinal injury.

In one of our recent cases, a medical nurse slipped and fell exiting a medical building causing spinal injuries requiring multiple spinal fusions. Obviously, it is unlikely that she will be able to work for the rest of her life and if she is able to work, it will most likely be in a reduced and diminished capacity resulting in a significant loss of income in addition to tremendous medical bills. Her doctors have noted that she will require lifetime care for her spinal injuries and the experienced Philadelphia premises liability and slip and fall lawyers at Reiff & Bily believe that the property owner should be held accountable and responsible for payment of the same.

If you or a loved one has sustained a slip and fall injury on snow or ice, please feel free to contact one of our experienced Pennsylvania slip and fall attorneys for a free, no obligation consultation. We always offer a no recovery, zero fee guarantee. Please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595.

December 29, 2010

Philadelphia Slip and Fall Lawyer Files Lawsuit against Landlord Who Improperly Maintained a Roof Drainage System Leading To a Slip and Fall and Permanently Catastrophic Injuries

Last year a client of ours, a registered nurse, was leaving work from her employer’s leased property at approximately 7:00 p.m. in February when it was dark and temperatures were below freezing. The slip and fall occurred on an icy handicapped ramp several days after two major February snow storms. Our investigation and slip and fall expert analysis indicated that during the day the sun was shining on the roof and the roof’s gutters, causing icicles to melt and water to accumulate on a handicapped ramp.

The ice buildup was a chronic problem putting the landlord on notice of a potential for hazard and resulting injury. It also appeared that the rooftop drainage system was not properly maintained as required by Pennsylvania and County maintenance code which stated that the roof water shall not be discharged in a manner creating a health or safety hazard and that all walkways shall be maintained free from hazardous conditions, particularly a ramp or walkway to be utilized by handicapped individuals. It is also important to note that this slip and fall took place in the dark on a cold February evening several days after two major February snow storms. During the day, the sun would shine on the ice accumulation on the roof and icicles that are formed along the roof line above the handicapped exit ramp and would melt the water which would drip below onto the ramp and freeze when temperatures dipped at night creating an extraordinarily hazardous condition. The lessor was put on notice multiple times regarding the hazardous site condition and failed to use reasonable and appropriate care to rectify the dangerous condition in a timely manner.

The experienced Philadelphia slip and fall lawyers at Reiff & Bily pled in the case that the property owner and management agents were obligated by code to repair the defect. The plaintiff sustained permanently catastrophic injuries requiring a cervical fusion and extensive hospitalization; the plaintiff was unable to work.

If you or a loved one has sustained a serious and permanent injury as a result of a premise liability case or slip and fall on ice or snow, please contact one of our experienced Philadelphia slip and fall and premise liability lawyers for a free, no obligation consultation. Of course, we always offer a no recovery, zero fee guarantee which means if we do not make a recovery on your behalf, you don’t owe us a dime. We have a track record of over 30 years of successful results in handling Pennsylvania slip and fall and premise liability cases. Please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

December 22, 2010

In The Last Two Weeks Two People Fell To Their Deaths In Sports Stadiums – Who Is To Blame?

During the Philadelphia Eagles/Chicago Bears game on Sunday, November 28, 2010, a young man fell 20 feet to his death from a ledge at Soldier’s Field. Just a week earlier a 2-year-old boy died when he fell from a luxury box at the Staples Center during a Los Angeles Lakers game. As an experienced premise liability and slip and fall lawyer since 1979, I have been asked by friends, who would be responsible in such a circumstance.

In my 31 year history as a slip and fall lawyer, I have represented several individuals who fell from balconies, from apartment houses and hotels. In Pennsylvania and most other states, persons who sustain a wrongful death or catastrophic injury due to an unsafe condition on another’s property may have a case to recover monetary compensation. The first step in each of these cases is for an experienced premise liability lawyer and his investigative team to inspect the premise for defects, namely: uneven surface areas, loose electrical cords, liquids, defective stairs, defective design, loose handrails, improper lighting, improper maintenance, or failure to warn of a dangerous condition.

Other factors that need to be considered are: was there a hazard and had it been complained about in the past? Was there something that the property owner should have known was dangerous, and did the property or premise owner use reasonable care to keep the property safe? Could a notice or warning have been created to warn of potential danger and did poor or broken lighting contribute to the accident? Often when I climb to the heights in stadiums sometimes I become very dizzy and disoriented. Often I am quite curious why many more people do not fall to their death or suffer a catastrophic injury.

Our hearts and prayers go out to those who were injured or killed as a result of these falls at recent sporting events. Their families would best be served by having their claim fully investigated with the assistance of an experienced slip and fall or premise liability lawyer in order to receive monetary compensation, as well as to possibly and hopefully prevent deaths or injuries to others who may fall under similar circumstances if there is a defect or unsafe condition.

December 13, 2010

Slip and Fall Law May Have Just Gotten Better For Plaintiffs in Pennsylvania as a Result Of a Recent Superior Court Decision – Experienced Philadelphia Premise Liability and Slip and Fall Lawyer Weighs In

The Pennsylvania Superior Court recently held that even a one inch high walkway defect may create liability when it spans multiple feet. As a practicing Pennsylvania slip and fall and premise liability attorney, I have seen my fair share of catastrophic injuries as the result of falls even on small deviations on surface areas. The Pennsylvania Superior Court decided in the case of Melchiorre v. Lord’s Valley Xtra Mart that although many property owners may not be responsible for extremely small irregularities on pedestrian surface and although no mathematical guideline for triviality exists, the Court will consider the length and general condition of the wider surface area. In this case, the plaintiff’s injuries arose from a concrete pad surrounding the pumps at a gas station. The plaintiff, Mario Melchiorre, brought a suit alleging negligence against the owners of the station after he tripped on the pad and suffered permanent injuries. At trial, the Court of Common Pleas in Pike County, Pennsylvania awarded summary judgment to the owners of the property based on the “trivial defect” doctrine. As an experienced Pennsylvania slip and fall and premise liability lawyer, I believe that this case will clear the paths to the courtroom for many plaintiffs as the Court takes a wider look at the entire situation where the slip and fall occurred and this case is a significant victory which encourages all property owners to keep every inch of their sidewalks safe.

If you have been involved in a slip and fall or premise liability accident, the experienced Philadelphia slip and fall lawyers of Reiff & Bily have been successfully representing claimants since 1979 with a successful track record. In fact, some of our most significant recoveries have involved slip and fall and premise liability accidents. For a free, no obligation consultation, please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595.

October 25, 2010

Woman Visiting Social Party Falls into a Hole in a Poorly Lit Area and Fractures Hip – Who Is Responsible?

Recently I was contacted by a client who attended a party at a friend’s house and what turned out to be a pleasant evening ended up with catastrophic consequences. My client, a middle aged woman, attended a party where alcohol was being served. As she left the suburban home with her husband and walked down a pathway to her car, she tripped and fell into a hole in a poorly lit area sustaining multiple comminuted fractures of her legs, hip, and arms. She required multiple open reduction surgeries and the doctors have told her that she will have a permanent shortening of her leg and she has been unable to work. This case presents a not so uncommon situation for this experienced Pennsylvania premises liability or slip and fall lawyer.

Typically, the owner or renter of a premises where a slip and fall accident took place is liable for an accident under an area of law known as premise liability. If the slip and fall occurs as a result of a dangerous or hazardous condition on someone else’s property and it can be proven that the owner of the property knew or should have known of the defect, then the victim may be entitled to compensation for medical bills, lost wages, and pain and suffering. The Pennsylvania premise liability firm of Reiff & Bily has an extraordinarily successful track record in obtaining substantial compensation for medical rehabilitation and loss of life’s pleasures for victims injured in slip and fall and unsafe property accidents.

Premise liability is a complex and specialized area of personal injury law and a slip and fall accident lawyer must carefully investigate this claim and prove the following:

1. That the property owner or management responsible for the property knew or should have known of the dangerous condition.

2. That the party failed to make either condition safe or warn the persons of the danger.

3. The victim did not have reason to know of the dangerous condition and suffered an injury as a result.

If you add alcohol into the equation, as was the case mentioned above, an additional duty may be imposed on the property owner under a social host doctrine. The Pennsylvania premise liability and slip and fall law firm of Reiff & Bily has recovered millions of dollars for victims of slip and fall accidents.

September 22, 2010

If You Slip and Fall in a Hotel, Lobby, or Department Store, the Owner of the Property Is Not Absolutely Liable to Pay You Money – Why You Should Contact an Experienced Pennsylvania Premises Liability and Slip and Fall Attorney

As an experienced Pennsylvania premises liability slip and fall accident attorney since 1979, I receive a number of calls each week from people who were injured after they slipped and fell in a department store or hotel lobby and assume that just because they slipped and fell, they are entitled to recover monetary damages. For a premises liability case or more commonly known as a slip and fall case, the plaintiff has an obligation to prove duty owed by the property owner, the breach of that duty, and also that this breach was the proximate cause of the accident. Furthermore the plaintiff must prove damages in order to establish a prima facie case. In every premise liability case, the plaintiff must show that a dangerous condition existed and that the owner knew or should have known of the condition and failed to warn of the danger. The plaintiff must prove beyond a preponderance of the evidence that the negligent act by the defendant or owner caused the dangerous condition and that the dangerous condition remained long enough to provide the defendant or owner with constructive knowledge. Business owners are not strictly liable for injuries occurring on the premises nor do they have an absolute duty to insure visitors or invitees of safety. Therefore, mere proof of a slip and fall occurred is not sufficient enough to prove negligence on the part of the proprietor under ordinary circumstances.

The experienced premise liability and slip and fall law firm of Reiff & Bily has extensive experience and a very successful track record representing clients who have been injured in slip and fall accidents or who were harmed by falling merchandise, inadequate security, or other dangerous conditions. These cases can often be very difficult to prove if you do not have the proper experience. It is important to hire a Pennsylvania slip and fall or premises liability attorney who has extensive experience and background handling these types of cases. The attorney and his investigators and experts must properly investigate the causes of premise liability cases including but hazardous conditions, loose electrical cords, liquids, defective chairs, loose handrails, debris, insufficient lighting, broken steps, inadequate maintenance, cracked pavement, cracked flooring, and other causes.

Our experienced Philadelphia premise liability slip and fall lawyers have helped many clients recover the maximum monetary compensation possible for their cases and in some cases, millions of dollars. Recovery may include compensation for medical costs, lost income, pain and suffering, loss of consortium, and other associated damages. If you or a loved one has been the victim of a slip and fall or of a premise liability accident, contact one of our experienced slip and fall accident lawyers today at 1-800-421-9595 or contact us online for a free no obligation case evaluation and always remember our no-recovery no-fee guarantee.

January 21, 2010

I Slipped On Ice In A Philadelphia Parking Lot And Severely Injured Myself Yet My Lawyer Did Not Take The Case – Why Not?

It’s January and the experienced Philadelphia slip and fall lawyers at Reiff & Bily are busy evaluating numerous slip and fall cases that we are presented with each winter. Many times we are contacted by clients who slip on ice that they had not previously noticed and fell, sustaining injuries often of a serious nature. One of the first questions we ask our clients is what did the surface of the ice look like? Was it clear, slippery, and smooth? Or were there hills and ridges?

In Pennsylvania, mere slipperiness is not enough to prove negligence in an icy condition. The plaintiff does not establish a cause of action for negligence if “nothing but the slipperiness” causes the accident. Rather it must be “such an accumulation of ice as to constitute an obstruction to travel or ridges or irregularities of such height or lying at such inclination or angle that it would likely trip passersby and cause them to fall.”

The law recognizes that there is a physical impossibility to always keep sidewalks or premises clear of ice or snow, and therefore under the hills and ridges doctrine to be successful in a slip and fall accident claim, you must establish that a landlord or premises’ owner negligently permits an accumulation of ice or snow remain on the sidewalk for such a period of time that a slippery and dangerous condition exists either by virtue of ridges, hummocks, depressions, or other irregularities.

Where snow is newly fallen and relatively undisturbed and smooth ice or snow causes someone’s injury, the landowner is generally not held liable even if that person is a business visitor to whom the highest duty of care is owed. Liability for a slippery or icy condition is closely tied to the particularities and specific nature of each case and the icy situation. In addition, there is an elaborate set of rules distinguishing private owners and local and state agencies which can lead to very different results depending on who controls the lot, sidewalk or roadway in question.

So, if you or a loved one is injured in a slip and fall accident on an icy or snowy surface, it is best to contact an experienced Philadelphia slip and fall attorney with over 30 years of experience handling slip and fall cases to evaluate your case on a no obligation, no cost basis.

January 4, 2010

Traumatic Head Injury Caused by a Fall on Ice or Snow Can Be Fatal

A serious concussion and closed head injury is often a major consequence of falling down very hard on ice or snow. Blunt impact and jarring of the head against a hard surface can cause a concussion and concussions can lead to serious complications at the outset, including but not limited to blurred vision and headaches. If these symptoms continue for a long time, they may be signs of hemorrhaging, clots or even stroke. Last March we learned of the tragic death of actress Natasha Richardson who while taking a ski lesson tumbled and fell striking her head. There was no external sign of injury, no cut or bleeding but she started having headaches a short time thereafter.

As an experienced Philadelphia slip and fall lawyer with a specialty in closed head trauma and brain injury, I have investigated many cases where individuals have fallen or have sustained a blunt trauma to their heads. Resulting injuries have ranged from concussions with lasting consequences as a result of post concussion syndrome all the way to skull fracture, brain hemorrhage and sometimes even tragically coma and death.

If you sustained any type of head trauma as a result of impact to the head or a slip and fall, it is extraordinarily important to receive prompt and proper medical care. It is best to err on the side of caution when it comes to head trauma. Even a minor blow can cause a slow bleed and have devastating consequences.

December 30, 2009

White Christmas Meltdown Refreeze Causes Hills and Ridges - Protect Yourself Urges Pennsylvania Premises Liability Lawyer

The Pennsylvania hills and ridges doctrine holds that an owner of land is not liable for slippery conditions resulting from ice or snow unless he or she permitted the ice and snow to unreasonably accumulate in uneven elevations - small ridges and hills of frozen snow or ice. In order to prove a landowner’s liability, the plaintiff must first prove that the snow and ice accumulated on the sidewalk or roadway in ridges or elevations of such size and character as to unreasonably obstruct travel and create danger. If the snow has freshly fallen and is relatively undisturbed or there is smooth ice that is undisturbed and an injury is caused, the landowner may not be liable even if that person is a business invitee.

The hills and ridges doctrine recognizes the fact and responds to the situation that a landowner cannot be responsible continuously for ice and snow if he did not have a reasonable opportunity to correct the situation. The hills and ridges doctrine provides protection to persons in control of the property on which the slip and fall occurs on ice or snow. However, there is some confusion as to the applicability of the hills and ridges defense which is only available when the snow was caused by a natural accumulation of ice or snow. To establish liability upon the landowner, a claimant must prove each of the following elements were present:

1. The ice and snow had accumulated on the sidewalk or walking surfaces and ridges or elevations that are unreasonably obstructed to travel or a danger to persons traveling on the walk.

2. That the defendant property owner knew or should have known of the existence of such conditions.

3. That it was a dangerous accumulation of ice and snow that caused the plaintiff to fall.

The first essential is commonly known as the hills and ridges doctrine. This doctrine protects an owner or occupier of land from liability for “generally slippery conditions resulting from ice or snow where the owner has not permitted the ice and snow to unreasonably accumulate in ridges or elevations.” In theory, the law states it is unfair to require that one’s walkway always be free of ice or snow which would impose an impossible burden in view of climatic conditions in Pennsylvania.

If you or a loved one has been involved in a fall as result of accumulation of ice or snow, please contact one of our experienced slip and fall and premises liability lawyers for a free consultation.

December 28, 2009

Majority of Hotel Accidents Occur In the Bathtub and Shower

Not so surprisingly slip and falls are the most frequent premise liability or accident types for both guests and employees of hotels. In fact, according to a recent study, slip and falls at hotels accounted for 42% of all claims with security related types of claims another 40%. Many times these two types of claims are inter-related. In a hospitality or hotel setting falls usually happen on stairways, balconies, ramps, and parking lots but most commonly in bathtubs or showers. Important factors usually involved in these falls are the presence or non-presence of handrails/guardrails, the presence of a non-slip surface, adequacy of lighting, and failure to maintain a slip resistant surface.

A static coefficient of friction is the benchmark used to maintain surface safety. Minimum slip resistance in a bathtub should be 0.5 for wet and dry guest bathroom facilities. There are many bathtub treatments and cleaning procedures which can make a bathtub or shower area slip resistant and safe. The hotel operator/owner is liable for a premise liability slip and trip or fall if an injury occurs as a result of a dangerous or hazardous condition on the property which could have been prevented or easily avoided even if the hazard is not obvious but known or should have been known to the owner.

It is important for all hotels to maintain their shower and bath areas and document the cleaning and maintenance procedure. Bathtubs should be continuously cleaned and degreased and treated with a skid and/or slip resistant treatment.

In our premise liability law practice, we unfortunately have dealt with too many cases involving broken bones and even more serious injuries as a result of hotels failing to properly maintain their facilities. Bathtub and bathroom safety is highly important. These claims are fought hard by insurance companies representing the hotel.

If you or a loved one has suffered a slip and fall accident in a hotel, it would be wise to have an experienced hotel premise liability attorney investigate your claim to determine the cause of the accident and whether or not you are eligible for compensatory damages.

December 26, 2009

As First Winter Snow Storm Hits Philadelphia - You Better Watch Out, I’m Telling You Why

‘Twas the weekend before Christmas and the biggest snow storm in decades struck Philadelphia and the surrounding metropolitan area. Roads were slick and many businesses remained open in an effort to keep profits going in a tightening economy. I started to leave my house and drive what I thought was a clearly plowed road, hit black ice, and sustained a bit of property damage to my vehicle when I slid into a fence. I decided to take the train to work and was curious to note that on Monday morning, two days after the snow, many pathways had not been shoveled or salted and I am proud to say that the path of entrance to our office was as clean as could be - salted and dry with no ice or snow.

The premise liability law of Pennsylvania imposes a duty on all property owners to keep their property safe for people who have a right to be there. The owner of the property must properly remove ice and snow and salt or place down a non-abrasive surface to all entrances, pathways and parking lots. As Monday, December 21st was two days after the snowfall and the day before was a day when most responsible people were clearing their sidewalks or shoveling, one would reasonably believe that the owner of any property would have had a reasonable time to correct any defect. Obviously it is unrealistic to remove snow consistently throughout a snow storm. However, if a day or two passes and the weather is sunny and clear, the owner is reasonably expected to salt, sand and shovel to prevent injuries to innocent passersby.

If you have been injured in a fall on ice or snow, you might want to consider contacting one of our experienced premises liability lawyers to carefully investigate your situation to determine if there is a cause of action as icy and snowy conditions are some of the most common causes of slip and fall accidents. If you are driving on the roadways, be especially careful with a hazardous condition known as black ice.

December 7, 2009

En Vogue Minimalist and Modernistic Hotel Had One of the Most Hazardous Bathrooms I Have Ever Visited - Accidents Waiting To Happen

I recently had the occasion to stay in a “hip” modernistic and minimalist hotel frequented by models and show biz personalities. In the bathroom of the hotel was a non-doored shower with a concrete floor that was painted with one of the most slippery surfaces I had ever been on. As a matter of fact, (not that I am not the most agile person) but I fell down and almost killed myself while exiting the shower. As the hotel was not shy about charging top dollar, and despite its celebrity clientele, it seemed to me that this hotel took an old building and tried to make it as hip as possible by using the most minimalist of improvements, including in my opinion sacrificing safety factors. The hospitality industry must be committed to providing a safe environment for its guests. It owes its guests the highest duty of care to ensure further safety and security.

By the way, the hotel lobby had a very sheik and crowded bar and many people left the same for their rooms in what I shall describe as an impaired state of euphoria and not fully aware of their senses. Guess what their first stop probably is upon entering their rooms?

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