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

Halloween is around the corner, and New York residents will likely have safety on their minds. Knowing that strangers will enter their properties, homeowners might be wise to make sure no hazards exist that could lead to premises liability claims. However, they might also be concerned about the safety of their children who will enter the properties of others who might not have taken due care to prevent injuries.

Leaving the porch light on typically invites trick-or-treaters, but even injuries to uninvited people on someone's property might lead to liability claims. Unenclosed swimming pools and spas also pose risks for young children, and playground equipment at a home where children go for candy could be seen as attractive nuisances. If they cause injuries, the property owner could be held accountable.

Getting into the car with any driver is a decision that must be carefully considered. This is frequently underscored by news reports of crashes caused by impaired drivers who leave their passengers critically injured or dead while the drivers often walk away unscathed. Many such accidents lead to wrongful death lawsuits filed in the civil courts of New York.

According to a police report in Suffolk County, a 45-year-old man from Hauppauge was arrested on a recent Monday after an accident that occurred in the early morning hours. Reportedly, the driver smashed into an unoccupied parked car shortly after 3 a.m. The crash caused severe injuries to the 40-year-old passenger who was in his vehicle.

While many New York residents fail to establish estate plans, those who do often make unintentional mistakes. Drafting a will and creating trusts are best done with the guidance of experienced legal counsel. One of the biggest mistakes is neglecting to review estate plans at regular intervals to ensure life events, such as deaths, births, marriages and divorces, are reflected and that the necessary modifications are made to keep it current.

Naming an inappropriate executor of an estate could cause problems. Many people choose one of their children without considering potential nasty sibling rivalry and even legal battles that could develop after a parent's death. Choosing an executor that is not a close family member might be wise. When it comes to the idea that everything should be split equally between the children, it might be wise do that with money and not items or objects. Situations could arise in which an object has emotional importance for one sibling while a brother or sister might see the monetary value instead.

In New York and elsewhere, the time leading up to a surgical procedure is usually stressful. Regardless of the reason for surgery, there will always be risks of failure and anxiety about the consequences of failure or errors. Patients who are scheduled to undergo surgery are advised to ask some pertinent questions -- not only to be prepared but also to protect their rights in the event of surgical errors, negligence or another type of medical malpractice.

After carefully choosing a surgeon, the patient will be entitled to know exactly what to expect and what the procedure will entail. A patient could even take a friend or family member along to take notes or even record the conversation with the doctor. Before the surgical procedure occurs, the patient must sign a form of consent, and it is crucial to understand what permissions are being granted. If it turns out that a different procedure was performed that what was authorized, there might be grounds for a medical malpractice lawsuit.