Philadelphia Injury Attorney Blog

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

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

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

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

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

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

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

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.

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.

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.

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.

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.

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.