Philadelphia Injury Attorney Blog

As my law practice requires me to travel throughout much of the Commonwealth of Pennsylvania, particularly in areas where fracking is now taking place on an increasing basis, I have always been concerned about its effect on ground water pollution. Last week, the U.S. Environmental Protection Agency implicated fracking (the controversial method of improving the productivity of oil and gas wells) as a potential culprit of environmental issues. This finding has a chilling effect on inhabitants of areas where fracking continues to occur on an increasing basis.

Fracking involves hydraulic fracturing caused by the pumping of pressurized water, sand, and chemicals underground to open fissures to improve the flow of oil and gas. The EPA announced on Thursday, December 8, 2011 that wells of a Wyoming community contained hydrocarbons, which were compounds likely associated with fracking chemicals in ground water. Residents had complained their well water reeks of chemicals. The EPA announcement may have major implications for the vast increase in gas and oil drilling in Pennsylvania as well as many other locales in the U.S. where fracking is taking place. Although fracking has played a large role in opening up many oil and gas reserves, and the industry has long stated that fracking is safe, environmentalists and residents claim that ground water is being poisoned.

At the consumer safety law firm of Reiff and Bily, we will continue to closely monitor and investigate developments on the implication of fracking and the safety of ground water for residents in communities involved.

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.

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

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

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

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

According to news sources, state officials in Florida agreed to spare Lego Land Theme Park from safety oversight due to the fact that it qualifies for a 22-year exemption that was initially written into Florida law for Walt Disney World and other theme parks. Accordingly, this will make Lego Land the fourth park owner in Florida to operate free of state ride safety regulation. The others are noted to be Walt Disney Company, NBC Universal, Sea World, and Busch Gardens, Tampa Bay. A Lego Land spokesman noted that “Within our industry, it is common practice for theme parks to govern themselves as far as ride inspections go."

Under Florida law, if a theme park has a minimum of a thousand employees, they are exempt from the state inspection and permit requirements. Florida law requires exempt parks to employ full time in-house safety inspectors and to file affidavits with the state certifying that each of the rides has been inspected.

As an experienced amusement park and theme park accident attorney who has investigated and prosecuted a good number of amusement park accidents involving catastrophic injuries and death, I question the validity or integrity of the amusement park industry claims that they have proper motivation to take safety precautions due to the fact that negative publicity creates a public backlash which affects their profitability and stress that the state should focus on traveling fairs or carnivals rather than larger theme parks that are more sophisticated. Director of Maintenance of Lego Land stated that the parks in-house inspections will go well beyond what would otherwise be conducted by the state and he is quoted as saying, “I think we have more expertise. We surpass what the state is asking as far as inspections." Lego Land also claims that it will contract with a third party recreational engineering company that will conduct certain types of tests and submit required documentation to the state.



Continue reading "When Roller Coasters and Other Rides Open At A Theme Park Next Month, They Won’t Have To Undergo Any State Safety Inspections - Amusement Park Attorney Weighs In" »

Over the last 30 years the hayride accident law firm of Reiff & Bily has successfully represented victims of amusement park accidents and those that occur at carnivals and seasonal hayrides. Recently an amusement ride operator was jailed on charges that he was drunk and urinated in the sight of riders while operating such a ride at a Pennsylvania farm show. The amusement operator was charged with reckless endangerment, open lewdness, and public drunkenness. In another case in which our amusement accident and hayride injury law firm was involved, we represented the family of a victim who was run over by a tractor trailer hayride at a suburban Philadelphia farm during a school event. The background investigation of the tractor operator noted that he had less than a stellar history and was in fact was not even a licensed driver, yet he was entrusted to drive and operate a ride that would carry thousands of children throughout the amusement season.

In Pennsylvania, an amusement ride is legally described as any mechanical device or combination devices including electrical equipment which is the integral part of a device or devices which carry passengers along for the primary purpose of giving passengers amusement pleasure, thrills, or excitement. The same includes any tram, open car, combination of open car or wagons pulled by a tractor or motorized device which may not be licensed by the Secretary of State, and the operator of the same is defined as one who has a duty to control the operation of the amusement ride or attraction at a carnival or fair and any person who operates an amusement ride or amusement attraction at a carnival or fair must obtain a permit for the same. The operator of such amusement attractions or rides is obligated to perform a criminal history and perform a check of the national sex offender public registry at the time they are hired and annually thereafter if they are in continued employment. Unfortunately individuals who are under the age of 17 are exempt from criminal history background checks. Unfortunately, we have found some amusement parks, carnivals, or hayride operations keep shoddy records, fail to check for substance abuse, evidence of required criminal history, or sex offense information, and in fact, hire drivers of motor vehicles that are non-licensed.

The purpose of the carnival and amusement ride safety act obviously is self explanatory. If an amusement operator fails to pay heed to these requirements, taking shortcuts and placing profitability over safety, and if an accident happens, they can be held legally responsible for resulting financial and emotional injuries that may be sustained by catastrophically injured victims and their families or those who are wrongfully killed due to their negligence.

Since 1979, the experienced Philadelphia carnival, amusement lawyers, and hayride accident attorneys of Reiff & Bily have successfully represented victims and their families and those who have been catastrophically injured or wrongfully killed due to the negligence of others, defective products, or defective maintenance, or improper hiring procedures. 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.

When you purchase a child restraint car seats for your infant or small child, you trust that the child restraint car seat will protect them in the event of a car accident. Studies have revealed that a small child or infant in a car traveling at 30 miles per hour, can be hurtled forward with a force 30 to 60 times their body weight. The National Highway and Safety Administration (NHTSA) recommends that small children weighing less then 40 lbs be securely fastened into a child safety seat to maximize their safety should the car come to a sudden stop or is involved in a car accident. Since 2005 the National Highway Traffic Safety Administration (NHTSA) along with manufactures have recalled millions of defective child car seats designed to protect small children and infants traveling in cars. The child car seat and safety bench recalls included booster, convertible and infant seat models, as well as seat benches found to be improperly mounted in Mercedes-Benz and Freightliner Vehicles. A list of recently recalled seat benches and child car seats include but are not limited too;

- 2011 Sprinter 2500 Seat Benches

Seat benches were found to have inadequate latch brackets that were not properly welded.

- Dorel Infant, convertible and booster child restraints car seats

Child and infant car seats were were found to have a defective lock and release button that did not always return to the locked position.

- Chaperone Infant car seats

Chaperone Infant car seats were recalled due to findings that a number of harness chest clips came apart creating a potential choking hazard to infants.

While government standards set fourth the guidelines manufactures must follow in the production and design of child and infant car seats, oftentimes manufacture defects are not identified until a car accident or other tragic event catastrophically injures or claims the life of a small child or infant.

The experienced defective child car seat and product liability lawyers of Reiff & Bily have over 30 years experience representing generations of Pennsylvanians in product liability and defective child car seat cases. The lawyers of Reiff & Bily’s product liability litigation team have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded over $2 billion dollars since 1958 representing the interests 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. 

For over three decades, our experienced auto and defective seat back lawyers have investigated and litigated auto product defect cases and those which involve catastrophic injury resulting from a defective seat back. Unfortunately many cars have defective seat design and in a low or medium speed collision the seat fails and allows the occupant to be thrust forward or rearward or even ejected from the vehicle. This type of action often results in a catastrophic injury including but not limited to paraplegia, quadriplegia and brain dysfunction. When a seat collapses or is thrust forward, the effectiveness of the restraint system notably fails and injuries may also be caused to passengers in the rear of the vehicle as the seat collapses upon them with increased load and forces.

Automobile manufacturers have been aware of seat back failures and defects for decades and have taken little steps to improve safety due to the fact that the governmental safety standards establish a weak minimum for safety.

Recently there has been a wake of recalls for defective seat backs. In the last year, Ford recalled many 2011 Explorers with allegations that the potential for defective seat backs may not provide required strength in a crash increasing the risk of injury. Unfortunately manufacturers of car seats are not required to test car seats in crash tests and our skilled auto product defect and seat back defect attorneys do not believe that safety standards are stringent enough to prevent fatalities and catastrophic injuries due to lack of proper seat strength standards.

Recently our experienced auto product defect lawyers have joined forces with the legendary Beasley Firm to create the Beasley Reiff Law Group and together have been awarded more than $2 billion dollars in settlements, awards, and verdicts since 1958. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For over three decades my partners, associates, and I have investigated and litigated many claims against manufacturers of defective products. A defective product usually involves a design defect, manufacturing defect, or marketing defect. The law holds manufacturers, sellers, and distributors of products responsible for products that pose a danger to users or consumers as a result of a design or manufacturing defect.

Unfortunately many product defect legal cases involve allegations of fraud or unfair business practices and many manufacturers of defective products that cause catastrophic disfiguring injuries or wrongful death will go to great lengths to conceal the cause of an injury or death despite the fact that they knew for decades about root causes of a problem. Many large corporations employ systematic and exact strategies that are carefully hidden from public eye until a skilled and experienced product liability lawyers carefully investigate and dissect these claims based upon a catastrophic injury or wrongful death.

In many of our product liability legal cases, we have reviewed confidential intra and inter-company communications clearly revealing coverups and on many occasions whistleblower employees have come forward with knowledge of evidence concealment involving the manufacturer. Taking on major corporations for product defects litigation requires legal skill and experience that often takes decades to develop. Product liability litigation matters are generally intellectually challenging and complex.

Since 1979 the experienced Pennsylvania product liability attorneys of Reiff & Bily have been researching and litigating numerous product defect and design cases with great success. Recently our skilled product liability trial lawyers have joined forces with the legendary product liability lawyers of the Beasley Firm to create the Beasley Reiff Law Group. Together our job is to determine who is responsible for placing victims and their families in an unforeseen and unimaginable position when tragedy strikes. We believe that manufacturers must be held accountable for product defects and the lack of concern for consumer safety and always believe that safety should never be an option and always trumps profitability.

Since 1957, the combined forces of our lawyers have recovered over $2 billion dollars. We always offer a free, no obligation consultation to those injured as a result of a defective product. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

According to news sources, Morey’s Pier in Wildwood, NJ was the scene of yet another terrible amusement park ride accident. At just after 9 p.m. on Friday, August 19, 2011, emergency response staff responded to a report of a partial amusement ride collapse when the center mast of the sea dragon snapped, injuring five people at Morey’s Mariner’s Landing Pier. This is the second time in two months that young innocent and unsuspecting victims have been injured at a Morey’s Amusement park attraction in Wildwood. Recently 11 year old Abiah Jones tragically fell to her death while riding the Ferris wheel on June 3rd 2011. As one of the attorneys intimately involved in the investigation and litigation of the Abiah Jones death case tragedy, our hearts, thoughts, and prayers go out to the victims, and their families. Once again questions are raised as to the inspection, maintenance and operation procedures maintained by Morey’s. Safety must always be the utmost priority for all amusement park operators. We have repeatedly called for Federal oversight and reporting of amusement park accidents and safety concerns.

The experienced amusement park accident lawyers of Reiff & Bily in conjunction with the. Legendary Philadelphia trial lawyers of the Beasley Firm have joined forces to form the Beasley Reiff Law Group and are currently representing multiple victims of amusement park accidents. We strongly recommend that the victim’s and their family members do not talk to any insurance adjusters or attorneys for Morey’s Pier until they have consulted their own experienced and independent catastrophic injury, wrongful death, or amusement accident lawyer who will independently investigate the incident with experienced safety and Amusement operations experts.

At approximately 8:45 a.m. on Wednesday, July 27th, I was traveling southbound on a Philadelphia highway at approximately 50 mph when all of a sudden, a pickup truck marked prominently with the name of a landscaper and pulling equipment in a trailer went out of control, spun around, and crossed the lanes of traffic. Thankfully no one was injured in this accident and the trailer was slightly damaged, but as the driver pulled over, I noticed that the trailer did not appear to be properly attached and there were no safety chains. Furthermore, I did not notice operating brake lights working on the trailer. The trailer contained landscaping equipment that was not secured. Luckily it did not flip over. Believe it or not, the driver of the trailer pulled, resettled the trailer, and proceeded down the expressway at a high rate of speed, and in this detached and unhitched trailer attorney’s opinion, this situation represents an accident waiting to happen.

Unfortunately many such trailers may be homemade and are purposely made to be under the weight of 3,000 lbs. meaning they are not subject to regulation. Many state laws, including those in Pennsylvania, are silent as to the design and construction specification of such vehicles including towing safety chains or hitches. While this accident that I witnessed representing a situation of luck in terms of timing calls to attention the unregulated and un-policed state of the trailer industry and the trucks pulling trailers. Unfortunately there is no uniform system for reporting injuries or accidents and henceforth are many unreported dangers that will kill or catastrophically injure other innocent and unknowing victims.

The defective trailer accident and unsecured cargo lawyers of Reiff & Bily have decades of experience investigating and litigating unsecured trailer accidents and those accidents involving unsecured cargo that falls on a roadway. We have recently joined forces with the experienced defective trailer accident lawyers of the Beasley Firm to create the Beasley Reiff Law Group and employee a most experienced group of investigators and experts to determine how trailer and unsecured cargo accidents occur and who is liable. Since 1955, our skilled lawyers have together been awarded over two billion dollars on behalf of injured victims and their families. Our skilled unhitched trailer and unsecured cargo accident attorneys have been recognized as possessing the highest possible ratings in both legal ability and ethical standards and have been noted to be among the top attorneys in Pennsylvania and the nation. We always offer a free, no obligation and confidential consultation. Please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As insurance carriers get more picky as to the comfort of their risk levels, some carriers are refusing to insure certain breeds of dogs and other animals. Many carriers however still do not inquire about dog breeds during the underwriting process. The Center For Disease Control has listed the following breeds as the most dangerous based upon fatal human attacks which could be particularly prone to insurance claims: Pit Bull, Rottweiler, German Shepard, Huskies, Malamute, Doberman Pinscher, and Chow Chow. Many insurance carriers claim that these dogs have a reputation of being intimidating and aggressive, particularly towards strangers.

Some states have a very specific definition of what constitutes a dangerous dog and may include but not limited to the following: aggressively bites, attacks, or inflicts severe injury on a human on public or private property; has more than once severely injured or killed a domestic animal on lawful owners property; has been used preliminarily or in part for dog fighting which when unprovoked chases or approaches another individual in a menacing fashion or attitude of attack.

As an experienced Pennsylvania dog bite lawyer and animal attack attorney for over 30 years, I am well aware that approximately 60% of all seriously injured dog bite victims are children. In Pennsylvania, dog bite injury victims can legally hold a dog’s owner responsible for their injuries. Pennsylvania dog owners are only legally obligated to restrain or control the dog to make sure the public is safe from harm. If the dog is not on a lease or properly secured on an owner’s premises or the dog owner knew that his or her dog was prone to violence yet did not take proper safety measures to prevent someone from being bitten, mauled, or killed, the owner can be held financially liable by a Pennsylvania court. The Philadelphia dog bite lawyers of Reiff & Bily understand that many involved in a dog bite situation may have permanent scarring or catastrophic and severe bodily injuries and unfortunately, sometimes a wrongful death.

Continue reading "As Insurance Companies Get Banged For Dog And Animal Bites, Many Carriers Maintain A List Of Dog Breeds They Won’t Insure" »

As a top amusement park accident lawyer and top hayride accident lawyer for over three-decades, I am always concerned but not surprised to learn when many innocent and unknowing victims are seriously injured as a result of a hayride accident.

Recently 44 members of a church group were injured during a hayride accident in Washington state when a tractor pulling a trailer jack-knifed ejecting passengers onto the roadway. According to news sources, the tractor was heading down the steepest hill on Shaw Island, Washington where the hill’s surface material was compacted gravel with a 5% downgrade. The hay bale trailer was loaded with hay and 50 people when the tractor gained speed. According to news sources, the trailer did not have brakes and was literally pushing the tractor down the hill and the front axle of the trailer failed spilling the passengers on the roadway resulting in broken bones, sprains, and lacerations to many of the victims. The accident remains under investigation and the police are also looking into a heavy load of people and logs that were placed in the trailer for seating, together with maintenance records for the tractor and trailer.

Hayrides are quasi-amusement rides and in my humble opinion as a hayride and defective trailer accident lawyer who has investigated and litigated these claims, many hayrides are simply accidents waiting to happen when proper control mechanisms are not in place. The operators of hayrides owe the highest duty of care to the passengers on the ride. They are often operated in dark and noisy environments frequently visited by children. The Consumer Product Safety Commission has estimated that a number of serious injuries resulting from hayrides and trailer malfunctions has risen dramatically. Unfortunately most hayrides involve the use of a trailer hitch to a tractor or truck pull and NHTSA has admitted that no standard exists for such trailer hitches. Many state laws, including Pennsylvania, are silent as to the design and construction specification for many of the trailers used in hayrides.

Our thoughts and prayers go out to the victims and their families of this accident.

The amusement and hayride accident lawyers of Reiff & Bily always offer a free, no obligation confidential consultation to victims of amusement park accidents and hayride accidents. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced swimming and drowning accident lawyer who also happens to live on the beach, many times I often observe individuals going into the ocean with belly boards or rafts when there are strong currents and high winds. Many times conditions are simply unsafe, however individuals seemingly believe that the raft, belly board, or other personal flotation device will keep them safe.

Over the last weekend, two individuals drowned and died in water-related accidents while using personal flotation devices. Both individuals were experienced swimmers. As an experienced drowning and swimming accident attorney who also happened to be a lifeguard in his earlier years, I advise anyone using a body board or raft to use them only with a leash attached to the board and/or ankle or wrist. These are available in most shops where surf and body boards are sold and rented. With the leash, the user will not become separated from the flotation device. I also advise that one should not float where you can’t swim. Many times non-swimmers will use rafts or belly boards to go off shore and if they fall off, they may panic or get caught in the current and be unable to swim back to the raft or board even with a leash attached.

The water accident and drowning attorneys of Reiff & Bily are committed to water safety and recognize that even skilled swimmers often find themselves at risk for injury if they are not properly prepared. For more information, please contact us toll free at
1-800-421-9595 or online at www.reiffandbily.com.

In recent weeks, two catastrophic deaths took the life of two special Americans. One an 11-year old honor student at Morey’s Pier in Wildwood and the second an American war hero, Sgt. James Hackemer, 29, who died on the Ride Of Steel roller coaster at Darien Lake Theme Amusement Park located east of Buffalo, NY. Hackemer had lost both his legs in a roadside bomb explosion while deployed to Iraq in 2008 and had to be assisted on the coaster. Just 11 days after turning eleven, Abiah Jones was on a school trip to a Wildwood, NJ amusement park to celebrate students who attained honorary scholastic achievement. In both cases, the question arises why park employees of the respective amusement parks let these individuals on the rides, and both incidents have sparked a renewed effort to place fixed site theme parks under federal regulatory oversight.

U.S. Rep. Edward Markey (D-MA7) stated that local and state regulators who currently oversee amusement parks may lack budget resources and technical experience to carry out effective safety checks and investigate accidents. Rep. Markey plans to introduce legislation which he has proposed multiple times before the make fixed site amusement parks subject to regulatory authority of the CPSC, a federal consumer protection body, in an attempt to prevent future injuries. Owners of amusement parks as well as industry lobbyists oppose the legislation. Safety should be the number one concern, and as an experienced product liability and amusement park accident attorney who has fought for decades on behalf of catastrophically injured victims and those wrongfully killed due to the negligence of others and/or defectively manufactured and designed products. I believe safety should never be an option, and I believe that Federal oversight would most likely go a long way towards improving amusement park safety and question why the amusement industry is so opposed to it if they claim they are already operating safely and taking all steps to insure that accidents do not occur. I for one believe that the proposed check and balance legislation can only benefit rather than have a detrimental effect.

I was recently contacted by an investigative reporter concerning swimming pool accidents and drownings in Pennsylvania and one of the issues discussed was whether or not there was a safety difference between in ground or above ground pools. Simply stated, drowning is the leading cause of death for children ages 1 to 4 and more children under the age of 12 will die or sustain a water submersion injury due to the failure of others to lock, look, and learn about pool safety.

As an experienced swimming pool accident, drowning, and water submersion injury lawyer for over three decades, one thing is for certain it really doesn’t matter what the size of the pool is or whether it is in ground or above ground, pools are still pools and it only takes a minute for a child to drown.

Researchers indicated that every 5 days across American, a child drowns in a portable swimming pool and almost half of these deaths happen in very shallow wading pools and according to the Mayo Clinic, a baby can drown in less than 1 inch of water. Most children’s drownings occur in the child’s own yard. Interestingly enough in many of the portable or above ground pool cases that we have investigated, many times there was the lack of a safety barrier or fence and the rationale explained by the defendant was that the small portable pool or above ground pool was not big enough to make expensive safety fencing necessary. Drowning remains the second leading cause of unintentional injury related death for children under 14 years of age. With the recent heat wave in Pennsylvania and New Jersey, we have seen an increased amount of water rescues, drownings, and water submersion injuries. Many times if one purchases a portable or above ground pool retailers never inform the customer of local restrictions requiring fencing. Many advertisements state you can be swimming in no time and are more interested in profitability and the bottom line return for store owners than the safety of those who buy the pool.

Continue reading "Experienced Swimming Pool Drowning and Water Submersion Injury Lawyer Weighs In On Which Is Safer - Above Ground Or In Ground Pools" »

As an  experienced Philadelphia product liability lawyerfor over three decades, I have always believed that manufacturers and distributors of retail products should emphasize safety first rather than bottom line return to shareholders.

Recently a story surfaced whereupon the Viking Range Corporation was aware for years of a defect involving refrigerator door hinge mechanisms that were resulting in incidents and injuries to customers yet they failed to report the alleged defective product situation immediately to the CPSC as required by federal law.

According to news sources Viking first reported the safety defect to the commission in April 2009 and agreed to a recall in June 2009. However a subsequent investigation conducted by the CPSC staff indicated that by the time of the initial report, the firm was aware of at least ten reports of injuries involving Viking refrigerator hinge failures over a period of several years. In June 2009, the CPSC and Viking Range Corporation announced a recall of more than 45,000 Viking Refrigerators and announced a potential hazard where it was noted that refrigerator hinges and hardware that attached to the doors in the refrigerator could loosen, sag, and detach posing an impact injury to consumers if the door detached. Federal law requires manufacturers, distributors, and retailers to report to CPSC within 24 hours after obtaining information reasonably supporting the conclusion that a product contains a defect which can create a potential product hazard or creates an unreasonable risk of injury or death or fails to comply with any consumer product safety or any other rule regulation standard or enforced by the CPSC.

Continue reading "Experienced Philadelphia Product Liability Lawyer Calls Attention To Federal Laws That Require Manufacturers, Distributors, and Retailers To Report Information Concerning Product Defects To CPSC Within 24 Hours" »

In the summertime I ride my bike almost 20 miles every morning as a way to get my juices flowing and pump up the endorphins before going to the office. This past weekend, I witnessed a terrible bicycle accident on the boardwalk in Ventnor City, NJ when a cyclist appearing to be in a zombie like trance listening to an iPod with music blaring violently collided with another walking person. In fact, what I found even more surprising was that in a highly congested area with bicyclists, walkers, and joggers, the striking bicyclist was weaving in and out of traffic at a high rate of speed indifferent to others as music played through his iPod. Obviously, the bicyclist was acting irresponsibly and posed a danger to himself as well as many other people.

Recently British authorities have noted that there has been a significant rise in the number of bicycle riders being seriously injured or killed while wearing iPods during cycling. I admit that I love music just as much as anyone and have been guilty of wearing an iPod during cycling. However one need not apply anything but common sense to recognize that if you are in traffic on a congested street area, it is just down right not safe. It is impossible to hear warning bells or horns as well as concentrate in a congested area.

As an experienced bicyclist for decades and as an experienced Pennsylvania bicycle accident attorney who unfortunately investigates the worst bicycle accidents involving catastrophic injury or death, I advise all bicyclists to focus their attention on the roadway and avoid distraction in an urban environment or on resort boardwalks that are crowded with people. When you investigate bicycle accident legal cases, just as I have for the past three decades, it is easy to recognize that many otherwise innocent people are catastrophically injured or killed due to the fact that they were distracted and unable to hear a hazardous situation.

Continue reading "Ipods and Cycling A Potentially Deadly Combination Advises Experienced Philadelphia Bicycle Accident Lawyer and Cyclist" »

As an experienced Pennsylvania swimming pool, drowning, and water accident attorney who also has investigated many amusement and water park catastrophic injury and wrongful death cases over the last three decades, I am always sad to learn of news concerning the death of a young child.

On Wednesday, July 6, 2011, a six year old boy was killed after jumping into a swimming pool at Knoebels Crystal Pool located in Elysburg, North Cumberland County, Pennsylvania. According to news reports, life guards found the boy under water and pulled him from the pool and performed CPR. He was then transported to Geisinger Medical Center where he later died. The cause of death is not known and is under investigation. Our hearts and prayers go out to the family of the 6-year old. According to news sources, the boy was said to be in the shallow end of the pool, jumping in and out of the water.

It appears that the summer of 2011 is unfortunately proving to be one quantified by catastrophic injuries and wrongful deaths at local amusement parks, swimming pools, and water parks, as well as drownings at private and public swimming pools.

As an experienced Pennsylvania water park, amusement park, and swimming pool accident attorney, I am curious why the child was not spotted sooner and whether or not the water park had proper supervision and training of life guards and safety personnel, whether the pool was properly maintained, and whether or not there were breaches of any of the federal and state guidelines concerning the operation of the swimming pool and amusement attractions. We offer our deepest condolences to the family of the victim for their tragic and heartbreaking loss and we ask that all of our readers keep this grieving family in their thoughts and prayers.

Continue reading "Boy Dies In Pennsylvania Amusement Park Swimming Pool Accident - Experienced Pennsylvania Swimming Pool and Water Accident Attorney Weighs In" »

When we send our children to summer camp, we want to always think of the smiles and moments of joy and happiness etched in the minds of our kids. Unfortunately all it takes is a tragic overnight or day camp accident to turn a family’s life into a nightmare. Dreams are lost and hopes are vanished.

On June 19, 2011, Andrew Silvershein, 16-years old, of Davie, Florida drowned during a white water rafting trip during his first week at Camp Ramah Daron. As an experienced water accident and camping accident attorney who has also been involved in the camping arena, I recognize that safety should be the number one concern and priority when it involves kids, teens, and summer camps.

Our hearts and prayers go out to the Silvershein family, and this tragic accident should cause all summer camps to review safety measures. Unfortunately investigation reveals that Andrew Silvershein was wedged under a rock and was wearing a life jacket and helmet. I too have been an experienced white water rafter and had suffered a similar accident a number of years ago on the Pacuare River in Costa Rica when I was thrown from the boat and swept by the current and snapped my leg to break it between a rock. White water rafting can simply be dangerous under improper conditions and it is essential that summer camps properly train their staff in safety measures and out source to reliable trip providers that follow the safest of protocols.

The drowning drowning, and water submersion accident attorneys
of the Beasley Reiff Law Group
are committed to swimming pool and water safety. Our catastrophic injury and wrongful death
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Unfortunately bicycle accidents in Philadelphia are on a major up rise. As an experienced Philadelphia bicycle accident attorney and an avid bicyclist for over 40 years, I start every day in the summer with at least a one hour bike ride in an attempt to keep in shape and get the “juices flowing". I notice more and more people on the highways on bicycles, and a recent survey also noted that more Philadelphians are ditching cars for bikes due to the tightened economy as well as the beautiful weather. While biking is one of the most pleasant forms of relaxation and good cardiac exercise, unfortunately recent statistics show that there are potential costs involved when it comes to personal safety. Bicycle injuries and deaths are on the rise.

Recently I have been contacted by several cyclists who were struck by motorists while traveling in designated bike lanes. The law tells you to ride as far to the right as possible and many times people exiting vehicles open their door right in front of the bicyclist or many people make turns across the bike lane striking the cyclist. If you are planning on riding your bike for transportation or just for the fun of it, you should always check to make sure the bike is properly maintained and properly fit. The bicycle accident attorneys of Reiff & Bily always advise using hand signals for riding, as well as wearing a properly affixed helmet.

I hate to say it, but as an experienced cyclist I always assume that many of the drivers are not paying attention and never see me and therefore, drive defensively. I recommend that all bicyclists in Philadelphia wear bright colors and at night never operate a cycle without a light or strobe light.

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