Binghamton Law Blog: Covering Topics from Personal Injury to Estate Planning Law

Public places like shopping malls in New York could pose slip-and-fall hazards to consumers. While most people spot fall hazards outdoors on sidewalks and in parking areas, slippery wet areas might be less evident inside malls. An accidental fall can happen in the blink of an eye, and a brain injury could result if the person's head strikes the floor or another hard object.

Typical slip hazards in malls include freshly mopped or waxed floors, which might look good and clean, shiny floors can pose significant fall hazards. Although cleaners may use warning signs while the mop or wax a floor, that area remains dangerous afterward when the cleaning is done and the signs removed. Moreover, many consumers who visit malls can spill beverages, and if it is not cleaned promptly, many passing feet will spread the wetness, increasing the size of the dangerous area and the fall risks.

Including a will in estate planning can ensure that assets are distributed as wished by the testator. However, many people in New York may also benefit from creating a trust, mainly those with larger estates. There are several different types of trusts that might serve their unique needs. However, it is advisable to learn more about the pros and cons of trusts before going that route.

An irrevocable trust can minimize estate taxes and provide protection from creditors because the assets will not be owned by the maker but by the trust, and not be at risk of being attached by creditors. Another option is a revocable trust, which is a more flexible option because its terms can be changed or even terminated by the trust maker during his or her lifetime. Both irrevocable and revocable trusts can avoid the expensive and lengthy probate process.

The number of wrongful death lawsuits filed in New York and other states each year is reported to be significantly less than the number of medical errors that occur. Estimated numbers of deaths nationwide due to medical negligence or errors exceed 250,000, but the number of lawsuits claiming medical malpractice does not come near that amount. This might be because many victims of medical errors are unsure about the viability of their claims.

For a medical malpractice claim to be actionable, it must meet specific criteria to warrant compensation. The first aspect to show is that the medical practitioner or establishment had a duty to provide care of an acceptable standard. This includes the duty to refer a patient to another specialist if the condition falls outside of the doctor's field of expertise. The next requirement is to prove deviation from the duty to uphold the accepted standard.

Driving is the most dangerous mode of transportation nationwide, including in New York. Despite all the awareness campaigns to underscore the dangers of driving under the influence of alcohol and drugs, texting while driving and other risky behaviors, thousands of people die in car accidents each year. Although no amount of money can replace a loved one lost in a crash, filing a wrongful death claim could relieve the unanticipated financial and emotional damage sustained by the surviving family members.

Negligence or recklessness of another party must be established to have a viable wrongful death claim. This could involve another driver who intentionally or negligently caused the accident that led to the loved one's death. It could also result from criminal activity or the automaker if the wreck were caused by a manufacturing defect, as well as a variety of other reasons.