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Powers & Santola Blog

New York construction workers are routinely tasked with job duties that put them at risk of serious and fatal injuries. Indeed, the Occupational Safety and Health Administration (OSHA) routinely identifies the “fatal four” types of injuries that happen on construction sites. Those construction injuries include falls, struck-by injuries, caught-in or between injuries, and electrocutions. In …

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Nobody should have to be concerned about sustaining serious injuries in an Uber or Lyft ride. Yet, ridesharing vehicles are commonly involved in motor vehicle collisions, and passengers in those vehicles, as well as other vehicle occupants in separate cars or pedestrians and bicyclists can be injured in these crashes. One of the first steps …

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Nobody should ever have to learn that an illness has worsened or became terminal because of a delayed diagnosis. Yet, much too often healthcare providers make diagnostic mistakes and patients suffer the consequences with a delayed cancer diagnosis. When cancer is not diagnosed in a timely manner, it can spread and can become more difficult …

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After you have suffered a serious injury as a result of a healthcare provider’s negligence, or you have lost a loved one due to a fatal medical mistake, you should be thinking about finding the best medical malpractice lawyer for your case. When you begin seeking help from a medical negligence lawyer in New York, …

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There are far too many circumstances in which police misconduct results in serious and fatal injuries to residents of upstate New York. There are many ways in which police misconduct can lead to serious harm, from intentional actions taken against people to negligent on-the-job behavior that results in the unintentional death of another person. No …

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Although OSHA has specific rules that employers must follow when ladders are being used on a job site, New York has its own requirements for ladder usage, and these are much broader in their scope than OSHA requirements. Sections 240 and 241 of New York’s Labor Law make every owner of a project and all …

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Patients have a general right to make their own medical decisions. As modern medicine is more complicated than ever, doctors and health providers have a proactive responsibility to ensure that patients are reasonably informed about the risks and benefits of proposed treatment plans. This is known as the principle of “informed consent.”  As defined by …

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Modern medicine is complicated. Patients have a general legal right to make decisions regarding their own treatment. Under the theory of informed consent, doctors and other medical professionals should explain the purpose and risk of a particular course of treatment before the patient agrees to it. In some cases, a patient may even be asked …

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In common law jurisdictions, such as New York State, the term ‘tort’ is used to describe “civil wrong.” In effect, it is a legal action for civil wrongdoing, other than a breach of contract. A personal injury lawsuit is a type of tort claim. Most personal injury cases are based on the theory of negligence—but …

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