Philadelphia Injury Attorney Blog

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

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

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

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

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

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

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

When I was a young teenager, I watched one of my neighbors sustain the amputation of multiple fingers on his hand as he attempted to clear the discharge chute of a snow blower. The memory of this event has been forever instilled in my mind. Moving forward 40 years, with 30 of them spent as a Pennsylvania defective product and product liability attorney who has handled numerous lawn mower and snow blower injury cases, I am well aware of the fact that the number of snow blower injuries and amputations continues to soar.

On many snow blower models exit chutes tend to become clogged when their operators attempt to snow blow snow that is to wet or heavy for a snow blower to clear. Snow blower exit chutes can also become clogged as a result of a snow blower operator pushing the snow blower too quickly. All too often snow blower operators will attempt to clear the passage of the exit chute with their hands not giving thought that the machine’s dangerous blade mechanism is still operating within the chute. The blades inside a snowblower rotate at an extremely high rate of speed and are extremely sharp, easily able to cut through bone, tendons, muscles, and skin. According to statistics released by the CPSC (consumer product safety commission) 6,000 to 7,000 people are injured each year in snow blower accidents with a good percentage of those injuries involving amputation.

A single stage snow thrower uses an auger blade at the front of the unit to eject the snow. Two stage snow throwers use an auxiliary high speed impeller in the discharge chute to throw the snow. Standards and safety specifications for snow throwers indicate that a means shall be provided that will automatically stop the impeller in five seconds when the operator leaves the operator position. However, the standards do not speak to the method or methods that they use to insure that the impeller stops in five seconds. Many times, there are failures of the stopping mechanism which is actually an intolerable product defect since the operator has reason to conclude that the blades have been stopped. Many clutch mechanisms are designed to put a cessation to the impeller which would mitigate the chance for amputation or they are often improperly designed or defectively manufactured resulting in faults which can cause harm to innocent and unknowing victims.

If you have been injured or suffered an amputation in a snow blower accident, it is important to immediately secure the allegedly defective snow blower so that it can be properly investigated by a defective snow blower expert and engineer to establish:

1. That it is not defectively designed;

3. That the manufacturer failed to provide effective warnings and instructions on how to safely remove clogged snow from the chute.

The Pennsylvania product liability law firm of Reiff and Bily always offers a free, no obligation consultation to consumers injured by defectively designed or manufactured products. We believe that safety is priority number one. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

The National Highway Safety Administration is charged with writing and enforcing safety, theft resistance, and fuel economy guidelines for motor vehicles. However, as an experienced Pennsylvania automobile product liability attorney who has handled a substantial number of catastrophic car accident cases, I am well aware that these are only minimal standards and guidelines.

Federal Motor Vehicle Safety Standards, (FMVSS), are regulations written in terms of the minimum safety performance requirements for motor vehicles, motor vehicle items, and motor vehicle equipment. Many of the big auto makers take pride in announcing that their vehicles meet these “minimal" standards, however, a safely designed car should exceed these standards, especially if there is a safer design alternative.

In 1980, NHTSA recognized the need for safer interiors of vehicles and identified improvements to padding and cushioning in the event of an accident. In 1989, the application of one inch of padding was required to interior surfaces which was indicated to reduce head trauma by half as much. The Department of Transportation estimated the cost of padding all roof, rails, and areas likely to have an impact was approximately $33 per car.

Safety is not one thing, it’s everything. Understanding that NHTSA or FMVSS government standards are only minimal guidelines and applying conventional wisdom that cars and motor vehicles should be safe makes it intolerable and unacceptable when automobile manufacturers cut corners and emphasize safety over profits. While automobile manufacturers always speak about compliance with federal standards, standard testing typically does not call for all types of situations or applications.

Keeping this in mind, if you or a loved one has been involved in a serious motor vehicle accident, you may want to contact an experienced car accident and automotive product liability attorney to fully evaluate your claim and search the road less traveled for answers and proper compensation. The experienced Pennsylvania car accident and automotive product liability lawyers of Reiff and Bily always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

When I was a young teenager in school one of my favorite books to read was “To Kill A Mockingbird". Atticus Finch, the fictional protagonist of the Pulitzer Prize winning novel is a lawyer in a small Alabama county and has been named as one of the greatest heroes in American film. In a rousing speech given to the jury, Finch claims “There is one way in this country in which all men are created equal – there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college President. That institution gentlemen is the court".

Although fictional, Atticus Finch has always been one of my heroes and one of the main reasons that I became a lawyer.

Every person is entitled to every presumption of reaching the heights of a lifetime without sustaining injuries that could have been easily prevented had it not been for the negligence of others, or a defectively designed product.

As an experienced Pennsylvania product liability and motor vehicle defect lawyer for over three decades, I have recognized that money, power, and greed often leads to ruthless and preventable catastrophic injuries and deaths that will greatly affect my clients and their families for the rest of their life. Many times when I visit a new case, I seethe with anger (which is not a bad starting point) as I search to put the pieces of the puzzle together which will shine a light on how my clients and their families were betrayed. In most cases the facts reveal that the victim suffered a wrong and is fully entitled to justice. One must always stand for something or you fall for anything.

I see how insurance companies and corporate defendants continue to turn their backs on catastrophically injured individuals or the victims of families who are wrongfully killed when the bills of life keep coming and the medical costs keep accumulating. I do believe that the right to enjoy one’s life in a safe and proper manner is not one thing, it is everything. Jeffrey Reiff is the founding partner of Reiff and Bily, a catastrophic injury and wrongful death law firm in Philadelphia, PA.

It has often been stated by legislators and lawmakers that greedy trial lawyers and their clients take advantage of the legal system by seeking large verdicts after they are injured by the negligence of another or by a defectively designed or defectively manufactured product.

For years, as an experienced catastrophic injury attorney, I would have friends talk to me about the famous “McDonald’s coffee case" when in fact they had no idea what that case was really about. In fact, the hot coffee propaganda campaign in the newspapers was funded by major corporations who have spent millions of dollars to distort the case promoting tort reform.

I urge all of my readers to view “Hot Coffee" which clearly reveals how large businesses and corporations aided by the media manipulated the public with lies to protect corporate interests. The film follows the lives of four individuals whose lives were devastated by the attacks on our courts, and challenges assumptions many Americans hold about “jackpot justice".

For over three decades, I have recognized that the collective 500 years of wisdom of individuals comprising a jury have more common sense than anyone else in the courtroom. It is conventional wisdom that products, cars, amusement rides, and premises should be safe from defects. Occupy Wall Street began a worldwide movement protesting social and economic inequality, corporate greed, as well as corruption and the undue influence that corporations have. The 7th Amendment of the United States Constitution grants us all the right to a trial by a jury of our peers.

Many of the product liability cases that our office regularly investigates and litigates involves someone’s deepest and darkest fears coming true. Imagine receiving a phone call in the middle of the night notifying you that your child or another loved one has been wrongfully killed as a result of being involved in a car accident caused by a defective product design or mechanism that the manufacturers have known for years created an unsafe condition. Everyone has the right to expect that when they purchase an automobile, they are buying a safe car and that safety should never be an option. Yet, in many of our automobile product liability cases, we have been able to show that automobile manufacturers concealed known defects putting the profitability and greed of corporate interests above consumer safety. Simply put, cutting corners on product design or manufacture and not putting safety first is never acceptable. The prevention of an injury must always be priority number one. Cars should be designed to be safe for everyone, adults and children. Concealing safety issues with bold faced lies in the name of business and profits is simply intolerable.

The experienced Philadelphia product liability lawyers of Reiff and Bily understand that one must never be afraid to stand up to big business and corporations. If you or a loved one has been injured by the defective design or manufacture of a product, contact one of our experienced Pennsylvania product liability lawyers for a free, no obligation consultation toll free at 1-800-421-95959 or online at www.reiffandbily.com.

I have been actively practicing law since 1979 and yet many times when I meet colleagues who are trial lawyers they cannot help but tell me how much they hate the profession and can’t wait to get out. Many of my colleagues drink to forget and eliminate the stresses of the profession. On the other hand, there are many lawyers such as myself and my partners who love to practice law and feel blessed to have the opportunity to represent so many wonderful clients in need of our services. The practice regularly gives us energy as rise to new and different legal and interpersonal client challenges.

Since 1979, I have vigorously represented clients who have been catastrophically injured or wrongfully killed due to the negligence of another or due to a defectively designed or defectively manufactured product. I have always been amazed at how insurance companies and their “hired gun" defense attorneys attempt to minimize the value of a life changing injury, disfigurement, loss of reputation, impairment of mental and physical capacity, frustration, humiliation, degradation and an non-inclusive list of other factors when these same people will purchase pieces of art at prices in the millions or hundreds of millions of dollars. I have often asked myself why is a piece of art worth more than the value of a lost life or worth more than the injuries sustained by one whose life has been catastrophically changed due to the negligence of profit seeking motives of another. I have understood that as an experienced Philadelphia trial lawyer, I deal with situations on a daily basis where we must face the value of our client’s lost hope or dreams and yes, while many of the cases involve some of the most depressing facts that one could conceive, I still believe that in representing seriously injured clients, the loss of their dreams is much more important than the intangible value of a piece of art and have always given of myself 110% percent to help my injured clients and their families recover compensatory damages necessary to keep their dreams and hopes alive. Being a lawyer defines my life and I look forward every day to giving the best counsel possible to my clients. I understand that the greatest use of a life is to spend your time doing something that will outlast it and I know that the finest trial lawyers that I work with love what they do and understand that the pursuit of justice is truth in action. We understand that every individual and corporate entity has a responsibility for injustice anywhere in life and everywhere in the community.

I remember walking with my parents and as I grew older, walking with my friends on brisk Halloween evenings wearing a close fitting Halloween mask with only two small holes for breathing, I remember distinctly the warm condensation building up under the mask as I went door to door “trick or treating". What many parents never think of and should be on alert for is the risk of suffocation by your child under too tight a Halloween mask with spaces too small for proper and safe breathing. This risk can be even greater when children running with their friends up and down steps, doorway to doorway, exert themselves and the body has a greater need for oxygen.

Recently Target recalled thousands of frog theme Halloween masks citing just a suffocation risk. The U.S. Consumer Product Safety Commission issued a recall for children’s frog masks imported by Target Corporation citing that the plush frog mask lacked proper ventilation when secured in place across a child’s face presenting a suffocation hazard. Thankfully no injuries were reported at the time of the recall. The mask was manufactured in China and sold at Target stores nationwide from August 20 to September 2011 for approximately $1.00. Consumers have been advised to take the masks and return them to Target for a full refund.

I have read other blogs stating that you “get what you pay for". However as an experienced product liability attorney who has handled many dangerous and defective toy cases where children have choked or suffocated due to a loose part, I believe that safety rather than profitability should always be priority number one and if there is a risk of suffocation or hazard to a child, it doesn’t matter what you pay. The product simply should not be on the market.

If you have one of these masks, it is probably best to simply throw it out to avoid your child accidentally putting it on as chance favors the prepared mind. The experienced Pennsylvania child injury and defective toy and product liability law firm of Reiff and Bily have been steadfast consumer stalwarts for product safety for over three decades and always offer a free, no obligation consultation to victim’s and their families of those catastrophically injured or wrongfully killed due to the negligence of others or product liability defectively designed or defectively manufactured products.

For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

How many times have you been driving down the highway and seen treads, shredded tires, or torn pieces of tires sitting on the side of the road on the shoulder. The sale of used tires and retreaded tires is booming. While a significant number of vehicle crashes are caused as a result of tire failures, and even though the purchaser believed they were getting safe tires based upon the visual conditions, many times the bargain leads to a catastrophic accident. Many times tires possess defects that cannot be easily detected visually. Oxidation or micro-cracks in tires can lead to a catastrophic tread or belt separation. However, unfortunately, the age of a tire does not prevent it from being sold at a cheap price on the used tire market or the retread market.

We recently successfully resolved a case where a tire experienced a belt separation causing the vehicle to lose control. The tire manufacturer claimed there was no defect on the tire. Most times, the tire installer or customer does not possess the ability to spot loose cords or belt separation in a tire, and unfortunately used tires are not subject to any federal standards. The road fitness of a tire is governed only under state tread depth laws.

Every year thousands of people will die and even more will be catastrophically injured due to the use of defective retread tires on vehicles. Environmentalists claim that retreading tires saves huge amounts of natural resources as opposed to replacing worn tires. However, safety should always take priority over profitability. Simply put, retread tires are second hand tires that have just been recoated with a tread veneer creating a potentially volatile situation.

Continue reading "A Tire Tread Separation Often Results In Lose Of Control Of A Vehicle With Tragic Consequences" »

The past is often a great predictor of the future. Many times by carefully investigating and gathering evidence of other similar instances involving a product defect, manufacturing defect, or design defect, which results in a catastrophic injury or wrongful death an experienced and skilled product liability attorney will be able use this as the best weapon in the arsenal when taking on manufacturers who claim that the accident was a freak occurrence or unique situation.

The skilled and experienced auto liability defect lawyers of Reiff & Bily have worked with lawyers across the United States for over three decades sharing documents, discovery, as well as evidence of other similar instances. We have developed an extraordinary national network of talented counsel, investigators, and experts who have been involved in similar cases and take a team approach to resolving auto product liability cases that involve seat back defects, seat belt defects, tire failures, SUV rollovers, crashworthiness, airbag defects, and roof crush. Several times a year, we meet as a group of lawyers working on similar cases to brainstorm and discuss issues and concerns with particular vehicle manufacturers, as well as current trial strategies that have been successful. Obviously there are many common product design and manufacturing failures and information is the greatest commodity.

While gathering OSI or other similar instances in a product liability case may be difficult for a “lone wolf" attorney, the experienced product liability and auto defect lawyers of Reiff & Bily work with teams of investigators, experts, and experienced lawyers throughout the United States and possess the experience, knowledge, and documents to fight against some of the world’s largest manufacturers. We continue to practice law representing catastrophically injured victims and those wrongfully killed with a motto that adversity causes some men to break and others to break records. We have a passion for justice.

Reiff & Bily is a catastrophic injury and wrongful death law firm based in Pennsylvania with emphasis on product liability and automotive defect claims. The lawyers of Reiff & Bily have recently joined forces with the legendary Beasley Firm and together our attorneys have been awarded over $2 billion dollars since the mid-1950's. We always offer a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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

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

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