April 23, 2012

The Host and the Underage Guests: Pennsylvania Social Host Liability

High school proms and graduations are some of the most exciting times in a teenager’s life. However, with prom celebrations often come peer pressure for teens to let loose and partake in the consumption of alcohol and god knows what else?

PA Social Host Liability LawIf you intend to host a high school prom or graduation party this spring, it’s important that you understand Pennsylvania’s social host liability laws. Each year, as a Philadelphia car accident attorney, I receive a number of phone calls from distraught parents whose underage son or daughter was seriously injured, and in the worst cases, killed, as a result of a social host providing alcohol to underage guests.

A “host” or “social host” refers to a person or persons, including businesses and organizations, who hosts a social gathering. In Pennsylvania, it is illegal for a host to serve or provide alcohol to anyone under the age of 21, even if the hosts are parents serving alcohol to their own children.

Section 6310.1 of the Pennsylvania criminal code states: A person commits a misdemeanor of the third degree if he or she intentionally and knowingly sells or intentionally and knowingly furnishes any liquor or malt or brewed beverages to a person who is less than 21 years of age. (To furnish means to supply, give or provide to, or allow a minor to possess on a premises or property owned or controlled by the person charged.) Pennsylvania law additionally states that a social host who knowingly serves alcohol to a minor can be held liable for injuries to a third party proximately resulting from the minor guest's intoxication.

What this means is that if a parent or host serves alcohol to a minor, and the minor subsequently injures himself or someone else, the parent or host may be held responsible for the injuries.

Underage drinking results in devastating and life-changing consequences to teens, their families, and those seriously injured in an accident involving intoxicated minors.

Since 1979, the alcohol related injury and Philadelphia car accident lawyers of Reiff and Bily have successfully represented the victims of drunk driving car accidents and those who have suffered serious injury or death as a result of an intoxicated individual. The experienced Philadelphia car accident law firm of Reiff & Bily have the knowledge and personal experience necessary to investigate PA drunk driving accidents and hold owners, social hosts, and individuals responsible for the injuries or deaths caused by drunk drivers. If you or a loved one has been killed or injured as a result of a drunk driving accident, please feel free to contact us for a free, no obligation consultation at (800) 421-9595 or online at www.reiffandbily.com.

March 17, 2012

St. Patrick’s Day and Pennsylvania Dram Shop Law

As a Philadelphia Dram Shop attorney, I worry about the safety of all the participants in St. Patrick’s Day celebrations. While there is no question that people need to practice self-control, business establishments licensed to sell liquor in the state of Pennsylvania are prohibited from serving alcohol to a visibly intoxicated individual. This is not a recommendation but a law, when it is violated those responsible need to be held accountable.

Under the Pennsylvania Dram Shop law, anyone who supplies alcohol to someone who is visibly intoxicated can be held responsible for damage that person might cause to a third party. The Pennsylvania Liquor Code, Section 4.493(1) states it is illegal to: ... "permit any liquor or malt or brewed beverages to be sold, furnished or given, to any person visibly intoxicated, or to any minor.'' This means all the bars on St. Patrick’s Day need to be watching out for signs of intoxication such as staggering, stumbling, bloodshot eyes, slurred speech, drowsiness, or the inability to sit or stand without falling over.

Bars, clubs, and restaurants have a responsibility to educate those that work for them about the law. When the law is not followed they can be found to have been negligent and thus liable for the employee’s wrongdoing.

In Pennsylvania many injuries occur during holidays, particularly St. Patrick’s Day. The Pennsylvania Dram Shop and alcohol related injury lawyers at the law firm of Reiff & Bily have fought against drunk driving and resulting catastrophic injuries and fatalities since 1979. We have the knowledge and personal experience necessary to investigate drunk driving accidents and hold owners of bars, restaurants, hotels, social hosts and individuals responsible for the injuries or deaths caused by drunk drivers.

If you or a loved one is injured or killed as a result of a drunk driving accident in Pennsylvania, please feel free to contact us for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

July 1, 2011

Be Alert Over 4th of July Weekend for Drunk Drivers in Philadelphia

Any Philadelphia dram shop lawyer will tell you that drunk driving in Pennsylvania is one of the most dangerous things a person can do. It not only puts their own life at risk, but also the lives of anyone in their car and others on the road. It is shocking to learn that almost 30 individuals are killed every day in car crashes that involve an alcohol-impaired driver, according to the Centers for Disease Control and Prevention (CDC). This means that approximately every 48 minutes, one person will die because another chose to drink and drive. What is also staggering is that these entirely preventable fatalities and accidents amount to over $51 billion in costs each year.

It only takes one person driving while drunk to ruin the lives of many. The 4th of July weekend unfortunately brings with it alcohol consumption that often takes to the road when a person decides that they don’t really value their own life enough to call a friend to pick them up or call a taxi. But this type of recklessness has far-reaching effects. Approximately half of the 181 child passengers aged 14 and younger who were killed in alcohol-impaired driving accidents were actually riding in a vehicle with the alcohol-impaired driver.

The dangers of drunk driving aren’t myths. There are real risks involved. Almost one-third of all traffic-related fatalities in the United States in 2009 were caused by alcohol-impaired driving with 10,839 people being killed.

Do your part by not drinking and driving over the 4th of July weekend or at any time! Also, talk to your friends and family about it to make sure that they stay safe as well. Have a safe holiday everyone!

May 26, 2011

If A Bar Serves A Visibly Intoxicated Person Or A Minor, They Can Be Held Liable For Damages

In Pennsylvania it is unlawful for a bar or any establishment to serve alcohol to any individuals under the age of 21. Additionally, under the Pennsylvania’s Dram Shop law any business or individual who serves alcohol to a visibly intoxicated person is also legally responsible for any damage that person might cause.

Recently a Philadelphia jury award $1.6 million dollars to the estate of a young victim who was allegedly served at least 8 or 9 drinks at a night club and then was involved in a fatal collision on the way home. The victim’s blood alcohol content at the time of the crash was .224, almost three times the legal limit.

A bar and its employees are obligated to recognize and prevent the service of alcohol to those intoxicated or those under the legal age of drinking in Pennsylvania. Thousands of people die every year in Pennsylvania as a result of alcohol-related injuries due to the negligence of bartenders, night clubs, and restaurants who fail to act responsibly by putting an emphasis on profitability rather than on adherence to Pennsylvania Dram Shop laws. Our skilled Dram Shop and intoxicated and alcohol-related accident lawyers are aware that many restaurant owners and bar owners do not promote policies of alcohol awareness. We believe that those individuals must be held financially responsible for resulting injuries and fatalities. Pennsylvania law is clear that it is illegal to sell alcohol to either a minor or person who is obviously intoxicated.

The skilled Dram Shop and alcohol-related accident lawyers of Reiff & Bily are all too familiar with the catastrophic injuries and fatalities that result from violation of the Pennsylvania Dram Shop laws and believe that the wrongdoers must be held accountable. We always offer a free, no obligation and confidential consultation. Contact us at www.reiffandbily.com.

November 12, 2010

Pennsylvania Casinos and Nearby Roadways May Be a Dangerous Combination

Obviously whenever you place a casino near highways, there is going to be more congestion and traffic. Add to that mix the fact that many of the casinos serve a lot of alcohol to their visitors often to the point where patrons become intoxicated. Last year, the Philadelphia car accident lawyers at Reiff & Bily had been retained to represent several individuals who were seriously injured as a result of accidents that happened at or near casino locations whereupon the operator of one of the vehicles was in an extremely intoxicated state. One of the accidents resulted in permanent and debilitating injuries for our client and we had filed an action for negligence against the offending driver together with a Dram Shop action against the casino for serving a visibility intoxicated patron.

In Pennsylvania, the Dram Shop liability laws hold alcohol servers responsible for the harm that the intoxicated patron causes to other people. In our case, the driver of the other vehicle was found to have a blood alcohol level almost three times the legal limit, and in fact, admitted that he had been over-served at the casino. When I spoke to those who lived down the street from the casino, they told me yes, the roads are extraordinarily congested and yes, they are seeing more and more problems on the roadways. So whenever you are in the location of a casino, beware, drive defensively, and be careful of those driving inattentively.

If you or a loved one has been involved in a Pennsylvania car accident, please call the Philadelphia car accident lawyers at Reiff & Bily for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

August 30, 2010

Southeastern Pennsylvania Jury Awards $6.8 Million Dollars to Woman Injured In Drunk Driving Crash

A Chester County Pennsylvania jury found a Coatesville restaurant liable for having served a man who was visibly intoxicated and thereafter drove his vehicle into a violent head-on collision. The intoxicated driver of the striking vehicle had been drinking at the Famous Mexican restaurant and bar in Coatesville, PA before getting in his car and smashing head-on into the victims’ car just four miles down the road. The driver was later deported to Mexico and the restaurant has since closed.

Since 1979, Philadelphia car accident lawyers of Reiff & Bily has successfully represented victims of drunk driving car accidents who have suffered serious personal injury or death and who have lost loved ones in drunk driving accidents. The case in point is almost identical to a case that the lawyers at Reiff & Bily are currently handling where a man who had been drinking to the point of extreme intoxication at one of Pennsylvania’s casinos left and struck one of our clients head-on causing permanent and disfiguring injuries. Under Pennsylvania law, it is illegal to drive with a blood alcohol level of .08% or higher.

May 8, 2009

Allegedly Drunk Driver Commits Hit and Run Accident Killing Philadelphia Man Crossing The Street And Tries To Flee Authorities Three Times - Hit And Run Epidemic Continues In Philadelphia

As noted in my previous blogs, the hit and run epidemic continues to plague innocent pedestrians and motorists on the streets and highways of Philadelphia and Pennsylvania. Early this week an allegedly drunk driver from Bucks County tried three times to flee authorities after fatally striking a Philadelphia man crossing the street. According to news sources, Luciano Rios, 30 years old, from Neshaminy Road in Croydon, Pennsylvania fled from the initial accident on Tuesday, May 5th flipping his BMW, striking another vehicle, and twice more trying to escape police. Sources reveal that Rios was speeding east on Erie Avenue in Philadelphia at 8:30 p.m when he struck a man who was walking southbound across Erie at 9th Street. The victim was struck with such force that he was thrown 173 feet into the air and one of his legs was severed, after which the 2007 BMW operated by the hit and run driver went out of control secondarily striking a Dodge Durango occupied by six people, and turned upright causing it to stop. Mr. Rios, the operator of the hit and run vehicle, was charged with leaving the scene of an accident and involuntary manslaughter, homicide by vehicle while driving under the influence and related offenses according to authorities. Philadelphia police noted that the hit and run driver had a strong odor of alcohol on his breath when apprehended. Our hearts and prayers go out to the family of Arthur Burrus, age 49, who tragically lost his life to an intoxicated hit and run driver.

I have mentioned in many of my earlier blogs that hit and run accidents are reaching epidemic levels in Philadelphia and Pennsylvania. Many times people fail to take responsibility for their actions most particularly when driving while intoxicated. We urge the family of Mr. Burrus to consult with an experienced hit and run car accident lawyer to fully investigate his case. There is a good chance that there is an underlying Dram Shop cause of action, as well as an action for third party negligence which would entitle his estate and survivors to receive financial compensation from the negligent party for injuries, pain and suffering, medical expenses, lost income and other associated damages.

Continue reading "Allegedly Drunk Driver Commits Hit and Run Accident Killing Philadelphia Man Crossing The Street And Tries To Flee Authorities Three Times - Hit And Run Epidemic Continues In Philadelphia" »

March 16, 2009

Philadelphia DUI Car Accident Injury Attorney Warns That Upcoming St. Patrick’s Day Is A Time To Be Supervigilant

As an experienced Philadelphia car accident attorney, I have written in the past noting that the holidays, particularly St. Patrick’s Day is an invitation for drunk drivers to take to the road. Periods following the holidays are often busy times in our office consulting with innocent victims who have been injured due to an automobile accident caused by an intoxicated driver. Thankfully, PennDOT has announced that they will be stepping up drunk driving enforcement efforts in many of the Pennsylvania counties. There may be sobriety check points, roving DUI patrols and undercover police in bars and speed and seat belt enforcement according to PennDOT. Quite simply, I need not repeat myself that drinking and driving do not go together.

Sadly in Pennsylvania many wrongful deaths and catastrophic injuries occur during holidays, particularly St. Patrick’s Day, which should be a time of enjoyment not resulting in emergency room trips or fatalities. In Pennsylvania, people who are harmed by drunk drivers may file lawsuits against irresponsible and reckless bar owners, as well as intoxicated drinkers.

Pennsylvania Dram Shop and alcohol related injury lawyers at the Philadelphia car accident law firm of Reiff & Bily have fought against drunk driving and resulting catastrophic injuries and fatalities since 1979. It is important that people who irresponsibly sell alcohol to individuals on St. Patty’s Day or any other day for that matter can be held financially responsible for resulting injuries and fatalities for selling alcohol to an intoxicated individual.

The experienced Dram Shop and Philadelphia car accident law firm of Reiff & Bily have the knowledge and personal experience necessary to investigate drunk driving accidents and hold owners of bars, restaurants, hotels, social hosts and individuals responsible for the injuries or deaths caused by drunk drivers.

If you or a loved one has been killed or injured as a result of a drunk driving accident, please feel free to contact us for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

March 13, 2009

A Man Suspected Of Driving Under The Influence States That The Laws Do Not Apply To Him And The Court’s Have No Jurisdiction Over Him In Pennsylvania

The Philadelphia car accident and Dram Shop lawyers of Reiff & Bily continue to be astounded when people fail to take responsibility for their actions, particularly while driving when intoxicated. In our opinion, these individuals are the worst offenders and deserve to be prosecuted to the full extent of the law criminally and civilly for the damages and harm that they cause. Recently, an Easton, Pennsylvania man identified as 44-year old Scott Allan Witmer, who represented himself in a court hearing, stated that the police lacked jurisdiction to pull him over and furthermore stated “I live inside myself not in Pennsylvania” and stated there was no victim in the crime. This is according to news sources published March 10, 2009 in the Daily Item, Easton, Pennsylvania. ((news article)

What this gentleman fails to recognize is that the drunk driving laws of Pennsylvania apply to everyone and are intended to deter such irresponsible behaviors which often lead up to catastrophic injuries and fatalities to innocent victims.

Unfortunately thousands of people die on Pennsylvania and national highways ever year as the result of alcohol related incidents. In Pennsylvania, people who are harmed by drunk drivers may file a law suit against irresponsible and reckless bar owners, as well as an intoxicated driver. An intoxicated person who causes a catastrophic accident or fatality while operating a motor vehicle, as well as a business or personal establishment or social host who gave alcohol to a visibly intoxicated person, is legally responsible for any damage that person may cause.

Continue reading "A Man Suspected Of Driving Under The Influence States That The Laws Do Not Apply To Him And The Court’s Have No Jurisdiction Over Him In Pennsylvania" »

January 30, 2009

Philadelphia Dram Shop Lawyer Warns That Super Bowl Sunday May Also Be The Most Dangerous Sunday For Drunk Driving Accidents

Philadelphia car accident lawyer and dram shop lawyer, Jeffrey Reiff, sends out another plea to his clients and those on the roadways of Pennsylvania to be aware that Super Bowl Sunday has historically been one of the most dangerous days on Pennsylvania highways due to impaired driving caused by driving under the influence. Every year we see a spike of new consultations after Super Bowl Sunday concerning individuals catastrophically injured as a result of an alcohol-related car accident.

According to George C. Geisler Jr., Director of Law Enforcement Services, Pennsylvania DUI Association in Harrisburg, fatalities and alcohol impaired driving crashes nationwide accounted for 32% of all motor vehicle fatalities last year. On Super Bowl Sunday from 12:10 a.m. Sunday to 5:59 a.m. Monday 48% of the fatalities that occurred nationwide on highways were the result of a driver who had a blood alcohol concentration of 0.8 and higher beyond the legal limit. In Pennsylvania, there were 83 impaired driving crashes causing fatalities. Play it safe and don’t drink while driving. Being caught driving drunk beyond the legal limit will result in a costly penalty from law enforcement and could result in a turn over of your driving privileges. Always designate a sober driver who should be on the top of everyone’s Super Bowl driving list.

Continue reading "Philadelphia Dram Shop Lawyer Warns That Super Bowl Sunday May Also Be The Most Dangerous Sunday For Drunk Driving Accidents" »

January 28, 2009

Philadelphia Dram Shop and Car Accident Attorney, Jeffrey Reiff, Salutes Pennsylvania State Police In Their Efforts To Step Up DUI Sobriety Check Points With Roving Patrols On Weekends

The Philadelphia car accident and Pennsylvania Dram Shop attorneys at Reiff & Bily salute the efforts of the Pennsylvania State Police who recently announced that they will be stepping up their efforts to stop drunk driving on Pennsylvania highways conducting more DUI sobriety checkpoints and roving patrols. These welcome actions by the Pennsylvania State Police will help protect Pennsylvania citizens from the hazards of drunk drivers which often irresponsibly leads to catastrophic injuries and fatalities.

The Pennsylvania State Police promise “zero tolerance” and remind drivers that penalties can range from fines to license suspension for first offenses and prison for repeat offenders. The Pennsylvania Department of Transportation statistics reported over 14,500 DUI crashes annually on Pennsylvania roadways with over 500 fatalities and 13,000 injuries.

Continue reading "Philadelphia Dram Shop and Car Accident Attorney, Jeffrey Reiff, Salutes Pennsylvania State Police In Their Efforts To Step Up DUI Sobriety Check Points With Roving Patrols On Weekends" »