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

The Broome County Health Department, along with the New York State Police and other participants recently held an event to check on child safety seats in cars. This event arose from the concern about the fact that car accidents are responsible for the majority of deaths of children age 1 to 13 years. The lack or inappropriate use of booster seats and child safety seats may play a significant role in those statistics.

Authorities noted that only 16% of these seats are used as prescribed. The event lasted for three hours, and parents were invited to bring their vehicles for inspection and valuable advice. Those who went might have corrected errors that could save the lives of their children. Parents were asked to bring along the vehicle and car-seat manuals, and the children that use the seats.

In many cases, the first stumbling block for people in New York who want to get their estate planning done is understanding the different options. Some think they have to choose between trusts and wills, not realizing that they can have both. Many people choose to incorporate trusts along with their wills because it could ensure the proper execution of their orders.

While it is crucial to have a will, it is essential to know that its purpose is only served after the testator's death. On the other hand, a trust can be valuable while the benefactor is still alive. A will rules the distribution of assets after death. In contrast, trusts can protect assets during life. A trust becomes effective upon creation and as soon as it is funded.

Parents have been warned about the dangers their children risk on the football field. New research at the University of Rochester Medical Center in New York and the Carnegie Mellon University revealed that playing football is even more dangerous than previously believed. Those big hits during tackles are not the only brain injury risks, and the studies show that all the minor hits throughout the season could cause long-term damage to a player's brain.

Players have been monitored and removed from games when there are any signs of concussions, and repeat incidents have been recognized as the cause of ongoing deterioration of players' brains. However, the gradual damage caused throughout the season has largely gone unnoticed. But when researchers placed devices on the helmets of 38 football players to measure accelerative force, they found a reduction in white brain matter in more than 60% of the participants by the end of the season.

Children of all ages can suffer injuries on the playground or other areas at their schools. New York schools typically require parents to sign liability waivers at the start of each school year to avoid facing premises liability lawsuits. However, not all waivers are enforceable, and a court may deem waivers invalid if specific criteria are not met. Waivers must be explicit and unambiguous and printed clearly instead of in small print in inconspicuous places on the documents.

Waivers that meet required criteria can prevent lawsuits for ordinary negligence, but if parents can prove that a child's injuries resulted from gross negligence on the part of the school or its staff, grounds may exist. A waiver might cover an injury caused by a loose bolt that escaped the notice of a teacher who inspected the playground equipment. In contrast, the total lack of care or excessive departure from reasonable care might be deemed recklessness or gross negligence.