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Author: Brandon Herrera

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The Pitfalls of Minimum Limits Insurance Coverage

Written by Brandon Herrera on . Posted in Personal Injury Case. No Comments on The Pitfalls of Minimum Limits Insurance Coverage

Driving in New Mexico can be a stressful experience. The state has many roadways deemed among the most dangerous in the nation, including the I-40 and I-25. That’s just the interstates on the list of roadways where the most accidents happen in New Mexico. There also are state and U.S. highways like State Route 550, affectionately known as “The Death Highway” by locals.

To compensate for dangers New Mexicans face every time they get behind the wheel, state law requires they carry at least $25,000 bodily injury liability limits per person and up to $50,000 per accident in their automobile insurance policies.

Drivers who fail to meet the minimum requirements face fines and other penalties. Even worse, they can open themselves up to personal injury lawsuits if they cause an automobile accident that seriously injures another driver or their passengers.

What is the minimum liability insurance in New Mexico?

New Mexico drivers must carry liability car insurance. Liability insurance covers damages and injuries they may cause to others during an automobile accident. There is a bonus to carrying this type of insurance coverage: it covers their legal defense if someone files a personal injury lawsuit against them.

Drivers must ensure the have the following required minimum limits for liability insurance while operating a motor vehicle in the state:

  • $25,000 for bodily injury to a single person.
  • $50,000 for bodily injury to multiple persons in the same accident.
  • $10,000 for damage to property from one accident.

Policies with this kind of coverage are written as 25/50/10. While there are minimum requirements, drivers should consider buying as much coverage as they can afford. The extra insurance provides a buffer if they cause an accident with damages that exceed the minimum limits.

Advantages and disadvantages of choosing minimum coverage

Without question, the biggest advantage to purchasing only the minimum for automobile insurance liability coverage is lower monthly premiums. However, that savings quickly can diminish if drivers cause an accident with multiple serious injuries that exceed their coverage. They can be on the hook for making up the difference if any of the crash victims file a personal injury lawsuit.

The biggest disadvantage to choosing only minimum coverage is potential financial ruin. As previously mentioned, drivers that cause accidents with multiple serious injuries and extensive destruction to vehicles and other personal property can be on the hook for any damages awarded as part of a personal injury lawsuit.

Minimum bodily injury requirements in New Mexico can be exhausted quickly, even if there are only minor or moderate injuries. That $10,000 property damage limit won’t cover much if drivers must replace or repair multiple vehicles.

What happens without sufficient insurance coverage?

Let’s say a driver fails to yield properly when entering I-40 and causes a multi-vehicle crash with serious injuries. Several of the vehicles must be towed from the scene, and their occupants are transported to the hospital via ambulance. If the at-fault driver carries only minimum coverage, it will not be sufficient for covering the total damages.

Personal injury attorneys often deal with victims who received inadequate compensation from insurance companies. The funds were not sufficient for covering the costs of repairs or replacement to their vehicles, nor pay for any lost wages or medical expenses. Most of the time, personal injury lawyers recommend suing the at-fault party to recoup the losses.

Most insurance companies allow policyholders to increase the limit of liability insurance for an extra premium. Just ask your agent about your options.

How to buy additional coverage

Most insurance companies permit policyholders to increase the limit of liability insurance they have for an extra premium. Drivers who wish to take this route should consider going with liability limits of 50/100/50 to maximize the benefit. Individuals who have valuable assets may want to go even higher, including adding more coverage for their own vehicles to avoid out-of-pocket expenses for repairs.

If an insurance company refuses to allow policyholders to purchase more than the state limit of liability insurance, it may be time to explore coverage with another insurance provider.

Relief for automobile accident victims

Motorists injured in automobile accidents where the at-fault party has only minimum liability insurance coverage may want to consult with a personal injury attorney before agreeing to any kind of settlement from the insurance company. Many times, insurance companies try to pressure victims into settling for less compensation than they deserve if their clients are underinsured.

The personal injury experts at Cameron and Russell can evaluate a case for free to determine the best course of action to ensure victims receive fair compensation for their injuries and other damages. Schedule an appointment today by calling 505-218-7844 or contacting us online.

5 Steps in a Personal Injury Lawsuit

Written by Brandon Herrera on . Posted in Personal Injury Case. No Comments on 5 Steps in a Personal Injury Lawsuit

Filing a personal injury lawsuit is not something most people take lightly. Since personal injury lawsuits are not the sort of thing you do frequently, knowing how the process works can be confusing for the uninitiated. You may have questions about how to file a claim, how long it can take to get through the process, and if you’re more likely to settle than battle it out in court.

When you suffer serious injuries due to another person’s carelessness, consulting a personal injury attorney is the best way to protect your rights. You don’t have to live with debilitating injuries that can impact your ability to work and live a productive life.

Part of any successful personal injury lawsuit involves understanding the steps in the process. Here is what you can expect if you decide to pursue a personal injury claim.

Step 1: Consult a personal injury attorney

Don’t wait to file a claim. New Mexico’s statute of limitations for personal injury lawsuits is three years. Selecting a personal injury attorney to represent you is the single most important step you can take to prepare. An online search for personal injury attorneys in Albuquerque reveals you have plenty of options. Choose wisely. Not all personal injury lawyers are created equally. Some have more experience than others, with proven track records for getting their clients fair compensation for their injuries.

Make sure you pick a legal representative willing to take the best approach to solving your problem. Most skilled personal injury attorneys can get settlements for their clients without resorting to lengthy – and stressful – court cases.

Step 2: Provide details about your case

Experienced personal injury attorneys thoroughly investigate the incident that led to your injuries as part of taking your case. They do this for two reasons:

  1. To determine all liable parties; and
  2. To collect all relevant evidence for proving your case.

As part of their examination of your case, a personal injury attorney should gather police reports, medical treatment records, and eye-witness accounts to prove your claim. All these things together help build a solid case, making your chances of reaching an out-of-court settlement more likely.

Step 3: Issue a claim for compensation

Following your personal injury attorney’s thorough review of all the evidence in your case, he or she will file a demand for compensation with the responsible party’s insurance company. Sometimes the process requires a single claim, like in the case of an automobile accident. Other times, multiple claims may be required if more than one party is liable for your injuries. Multiple claims are most common with product or premises liability cases.

As part of the claim for compensation, your attorney may provide:

  • Details (including photos) about your injuries.
  • Evidence collected from the accident scene that identifies the liable party.
  • Information about lost wages, medical bills, and other expenses related to your injuries.

A comprehensive accounting of your case can help produce a speedier resolution and avoid costly legal battles in court.

Make sure you choose an attorney willing to negotiate a fair settlement.

Step 4: Engage in negotiations

Most experienced personal injury lawyers push for out-of-court settlements to make the process easier on their clients. Plaintiffs in personal injury claims also prefer this route, when possible, to reduce negative publicity about the case. This is especially important for businesses and products that don’t want to tarnish their reputations.

Make sure your attorney doesn’t jump at the first offer for settlement without reviewing to ensure the proposal is fair to you. Sometimes plaintiffs, at the behest of their insurance companies, send lowball offers to see if they can convince victims to settle for less than they deserve. A top-notch personal injury attorney can spot the signs of these kinds of offers and push back to get you more.

If you reach an agreement, all that’s left to do is sign any formal paperwork and the process is complete.

Step 5: Go to court (if necessary)

When negotiations made in good faith fail, victims have little recourse except to push forward with their claims in the courts. Your attorney can advise whether taking your case this far is necessary. As part of the review process, they can provide an outlook for success.

Most reputable personal injury attorneys do not take on cases they know are unwinnable. Still, it is important to discuss how a court case might go before you agree to pursue it. Court cases can drag on and be emotionally and physically draining on victims. Make sure it’s worth it before you agree to put yourself through that kind of stress.

Finding an experienced personal injury attorney

When you’re the victim of someone else’s negligence, you need a personal injury attorney you can count on to pursue fair compensation. Bill Russell has represented clients throughout the state of New Mexico, standing up for victims who have suffered at the hands of another. Contact Bill today to schedule your free case evaluation. Call 505-218-7844 or request an appointment online.

Free Speech vs. Hate Speech in N.M.

Written by Brandon Herrera on . Posted in Civil Law. No Comments on Free Speech vs. Hate Speech in N.M.

Americans enjoy free speech among their Constitutional rights. Free speech means you can express your views about a variety of topics without fear of persecution from the federal government. Some people think free speech gives them unlimited rights to say whatever they are thinking, regardless of how offensive or inappropriate it may be for their current audience. While the U.S. Supreme Court has repeatedly ruled in favor of free speech rights, there are times when free speech crosses the line to hate speech. When that happens in New Mexico, it can be possible to be prosecuted.

What is hate speech?

Under U.S. law, there is no legal definition for hate speech. The New Oxford Companion to Law defines the term as any “expression which is likely to cause offense or distress to other individuals on the basis of their association with a particular group” or incite violence against a group based on their race, religion, skin color, sexual identity, ethnicity, disability, or national origin.

As a rule, the First Amendment of the U.S. Constitution protects all speech, including that deemed hateful based on the above definition. The U.S. Supreme Court’s decision under Snyder v. Phelps provides an example of why hate speech is protected. Hate speech can only be criminalized when its use directly incites criminal activity or violence against a specific person or group.

Limitations of free speech in New Mexico

Legal and Constitutional scholars disagree about what constitutes unprotected speech in different ways. However, even the experts agree there are times when free speech does not protect you from civil or criminal liability. Here are a few times you can be held accountable for the words that leave your lips:

  • Blackmail
  • Child pornography
  • Defamation (including libel and slander)
  • Fighting words
  • Incitement to disregard the law
  • Obscenity
  • Solicitations to commit crimes
  • Verbal threats

Let’s use an example of a group of young men using derogatory terms for a Jewish person they encounter on the street. They use the slurs to incite others around them to launch a physical attack. Not only is this hate speech, but it also rises to the level of a hate crime in New Mexico.

The U.S. Constitution outlines the rights and responsibilities of citizens, including the right to free speech.

Hate speech on the job

Employees can find their free speech rights under fire if they use derogatory terms or slurs directed at coworkers. How is this possible? We need only go back to the words of the First Amendment to understand: “Congress shall make no law … abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the government for a redress of grievances.” The first five words are the key to how employers and some other entities can limit free speech: Congress shall make no law. In a nutshell, the First Amendment applies to the U.S. government only. The 14th Amendment, which was added on July 9, 1868, extends these rights to state and local governments. Many people confuse their First Amendment rights because they do not understand fully how they work. While the local, state, and federal governments can’t prosecute you for speaking your mind, that protection doesn’t extend to employers and other private entities.

Let’s take for instance social media. If you post a hate-filled rant on your social media accounts that uses derogatory terms for people of color or another ethnicity, your employer could fire you. They may decide your behavior reflects negatively on their company and terminate your employment. The same holds for using ethnic or racial slurs against a coworker. Sure, you have the right to say whatever you want in the workplace. Your employer also has the right to part ways with you because of it.

You could not successfully sue your employer under either of these circumstances for violating your Constitutional right to free speech since they are a private entity.

When hate speech escalates to a hate crime

Sometimes hateful speech can escalate into a hate crime. When that happens, the Hate Crimes Prevention Act of 2009 applies. Congress passed this legislation, which was signed into law by former President Barack Obama. Violating this law qualifies you for a federal hate crime charge, which carries stiffer penalties. Hate crimes can be misdemeanors or felonies depending on intent and the criminal acts committed. Here are some examples of hate speech that can spiral into hate crime territory.

  • Assault and battery. If you assault someone simply because you do not like their disabled status, ethnicity, race, religion, or sexual orientation, you can be charged with a federal hate crime.
  • Destruction of property. If you destroy someone’s property solely because they are a different race, religion, ethnicity, sexual orientation, or disability status, you can be charged with a federal hate crime.
  • Stalking and trespassing. If you follow someone of a different color, race, religion, or other protected class, and trespass onto private property in your pursuit of them, you can face federal hate crime charges.

Penalties for hate speech and hate crimes

Penalties for hate crimes depend on whether you face state or federal charges. You may end up with fines, jail time, or probation. You can be sentenced to complete anti-racism or anger management counseling programs. The punishment is at the discretion of the court within state and federal hate speech and hate crime laws.

If you are the victim of hate speech or a hate crime, it is imperative you consult with an attorney skilled in Constitutional law to protect your rights. Call Cameron & Russell at 505-218-7844 or contact us online to schedule your free case evaluation.

Wafulz, CC BY-SA 3.0 , via Wikimedia Commons

Product recalls don’t protect manufacturers from claims

Written by Brandon Herrera on . Posted in Deffective Product. No Comments on Product recalls don’t protect manufacturers from claims

Product recalls don’t protect manufacturers from liability or legal claims when their products cause serious injury or death to consumers. Take the case of a Fisher-Price recall issued in 2019 for 5 million Rock ‘n Play Sleepers because of a risk of suffocation due to the product’s design. It took a decade and 50 infant deaths for the company to pull the popular product from circulation. Fisher-Price had been warned since 2009 of the high risk the product’s design posed to infant health and safety. Even after the recall was issued, only about 8 percent of the products were returned by consumers.

Fisher-Price reported its progress during the recall to the Consumer Products Safety Commission. Those reports, which usually are not publicly available, have been used in numerous lawsuits against the company by consumers who used the product and allege they never received a recall notification.

The recall debacle with Fisher-Price is one example of why product recalls do not protect manufacturers from product liability claims. Recalls can help prove a manufacturer has taken steps to correct a dangerous situation, but it doesn’t relieve them of all responsibility.

How product recalls work

Product recalls generally happen in one of two ways in the U.S. When manufacturers become aware of a design flaw or other defect in one of their products, or when a government agency alerts the manufacturer to the issue. Some government agencies, like the Consumer Product Safety Commission (CPSC), have the authority to issue a product recall without the manufacturer’s permission. Other government offices with the power to mandate product recall include the U.S. Food and Drug Administration (FDA) and the National Highway Traffic Safety Administration (NHTSA).

When manufacturers become aware of a problem, they can voluntarily disclose that information to the CPSC through the Fast-Track Product Recall Program. Section 15 of the Product Safety Act requires manufacturers to reveal safety issues. Once the CPSC has the information, it can opt for a recall within 20 working days of the date of the notification from the product manufacturer.

Once the recall is issued, all sellers and distributors of the product receive a notification. They must remove the product from their shelves immediately and post notices to their customers about the recall that include instructions on how consumers can return the product for a refund. Notifications also must warn consumers of the danger associated with the product. Some products that come with warranties have information on specific owners, who also may receive a recall notice from the U.S. Postal Service or via electronic communications.

product recalls
Product recalls do not automatically protect manufacturers in New Mexico.

New product safety requirements in New Mexico

In 2018, New Mexico adopted new product safety requirements and recall procedures for vehicle and product manufacturers operating within the state. Under the new legislation, recall procedures are now mandatory in New Mexico. Modifications in the law allow the Federal Consumer Protection Agency to take the following actions:

  • Remove or call for repairs to defective or insecure products.
  • Open investigations into product safety concerns.
  • Impose sanctions on manufacturing companies not in compliance with product safety standards.

Before these new procedures were adopted, product recalls were voluntary in New Mexico. Now, manufacturers doing business within the state’s borders must review their quality standards for products they produce and import to defend themselves against legal action that may arise because of product defects and other liabilities.  

Holding manufacturers liable for faulty products

Recalls do not automatically mean a manufacturer is liable for a defect that may have caused injuries or deaths. Manufacturers can produce evidence that establishes they took all necessary steps to safeguard consumers, including issuing a voluntary recall when a problem was brought to their attention. Victims still must prove they became ill or injured because of the defect within the product to recover damages.

Conversely, a recall is not an immediate defense against product liability. Recalls do not always protect manufacturers from legal responsibility when consumers suffer serious injuries or die from using their faulty products. Product manufacturers must provide specific evidence to remain shielded from legal liability. Among that documentation is proof the consumer received information about the product recall before suffering injuries or death and that the notice sufficiently explained the danger of continued use of the product.

Consulting the product liability pros

The personal injury lawyers at Cameron & Russell have the experience needed to win your product liability case against manufacturers. We understand the nuances of product recalls and how some manufacturers try to use them to shield against liability. Phone us at 505-218-7844 or contact us online to schedule your free case evaluation today.

Tips for Suing Teen Drivers

Written by Brandon Herrera on . Posted in Personal Injury Case. No Comments on Tips for Suing Teen Drivers

Suing teen drivers for careless behavior on the roadways might become necessary if you suffer serious injuries because of their negligence. Teens just getting comfortable behind the wheel can make some dumb driving mistakes because of their inexperience. There is a difference between driving errors born out of ignorance and those made due to inattentiveness behind the wheel. Distracted driving is a common reason for traffic accidents involving teens motorists. Cell phones and passengers were among the biggest diversions, according to the U.S. Centers for Disease Control and Prevention (CDC).

When serious injuries or deaths happen at the hands of an inexperienced driver, a personal injury or wrongful death lawsuit may be necessary to recover damages.

Do teen drivers have more accidents?

Statistics don’t lie. The risk for motor vehicle crashes is greatest among teen drivers aged 16 to 19 than any other age group. For every mile driven, teens are more than three times as likely than drivers over age 20 to be involved in a fatal accident. According to the most recent data from the CDC, seven teens die each day from injuries suffered in motor vehicle accidents. The likelihood of having an accident behind the wheel increases for teens with other teen or adult passengers in the car because they can be distracting.

Inexperience at recognizing dangerous situations contributes to teen driving mistakes that cause injuries and death to passengers, pedestrians, and other drivers. Biological factors make teens naturally more distractible than adults. Knowing the science behind why teens become distracted is not an excuse for careless or negligent behavior behind the wheel. Driving too fast or goofing off with friends instead of paying attention causes serious injuries to teen drivers, their passengers, and others on the roadways.

Teen drivers who have friends in the car with them are more easily distracted.

What is the most common accident for teen drivers?

One of the most common mistakes teen drivers make behind the wheel involves crashing into fixed objects. Buildings, guardrails, parked cars, traffic signs, and utility poles are favorite targets. These kinds of accidents happen because teens misjudge distance and can become distracted while navigating around or near them.

If one of those fixed objects happens to belong to you, recovering damages might be necessary. Yes, automobile insurance carriers become involved if the accident involves vehicles. However, insurance companies are notorious for paying as little as possible. If you have serious injuries that lead to extended time off work or expensive rehabilitation, insurance payouts may not be sufficient. Contacting a personal injury attorney is your best bet for getting fair compensation.

Filing a claim against a minor

Teen drivers charged with criminal offenses while behind the wheel often are tried as juveniles, which means they receive more lenient sentencing than adults. However, those special protections do not apply to personal injury law. Victims can request their personal injury lawyers file claims against teen drivers who injure them or damage their property while behaving recklessly.

Personal injury lawyers collect documentation that supports your personal injury case, including evidence of liability, like whether the teen was distracted while behind the wheel. Requesting cell phone records, for instance, can prove if a teen driver was talking or texting while driving.

In some instances, you might be able to file a claim against the teen driver’s parents under the New Mexico Parental Responsibility Law. Under Statute 66-5-11, parents or legal guardians can be held responsible for damages and injuries cause by teen drivers. The same provision does not cap nor limit dollar amounts for damages, which increases the likelihood of being compensated for pain and suffering in addition to other damages.

Know when to consult an attorney

When teen drivers cause serious injuries or damage to you and your property, consulting an attorney skilled in personal injury law in New Mexico is a wise choice. Even if you are unsure you want to pursue a personal injury claim, a lawyer can review your case to ensure your rights are protected. Bill Russell is well-versed in personal injury law and can guide you through the process. Call 505-218-7844 or contact us online to schedule your free case evaluation today.  

How to Protect Your Civil Rights

Written by Brandon Herrera on . Posted in Civil Law. No Comments on How to Protect Your Civil Rights

Nowadays, lots of people claim their civil rights have been violated. From the right to a fair trial to the right to receive a free and appropriate public education, there are many protections that fall within the scope of civil rights guaranteed to all American citizens. Civil rights laws attempt to guarantee full and equal citizenship regardless of a specific group characteristics like race or gender.

What does it mean to have your civil rights violated? More importantly, how do you protect your civil rights when you believe a breach has occurred? The New Mexico Civil Rights Act allows residents to seek legal action against government entities in state court if they believe their civil rights have been violated. The act also permits the elimination of qualified immunity – the shielding of government workers from personal liability under federal law – as a legal defense in such cases.

What is a civil right?

Before you can determine if your civil rights have been violated, it is helpful to understand what falls under the scope of civil rights in New Mexico. A civil right is a guarantee of equal social opportunities and equal protection under the law. These protections apply to everyone regardless of their gender, race, religion, or other personal characteristics.

Some examples of civil rights include:

  • The right to vote.
  • The right to a fair trial before a jury of your peers.
  • The right to government services.
  • The right to a public education.
  • The right to use public facilities.

Civil rights are not the same as civil liberties. The difference is civil liberties are freedoms secured by placing certain restraints on the government. For example, the right to free speech without fear of prosecution by the government is an example of a civil liberty.

How to know if your civil rights are violated

Civil rights legislation defines a protected class of people who most often are victims of civil rights violations. Protected classes in the U.S. include color, national origin, race, religion, and sex. Protected classes can expand when specific legislation is enacted to include new categories. Some examples of expanding protected classes through legislation include people with disabilities, pregnant women, and LGBTQ+ people.

How do you know if your civil rights are violated? Let’s look at a few common examples to create a clearer picture.

Scenario #1: A police officer pulls over a motorist for a broken taillight. During the stop, the police officer demands to search the person’s vehicle without any justification for the request and arrests the individual when they refuse to comply. This is a violation of the right to be protected from unreasonable searches and seizures.

Scenario #2: A pregnant woman who qualifies for welfare benefits, including healthcare coverage with prenatal care, has her benefits withheld in violation of federal laws.

Scenario #3: A Black family applies to lease an apartment. The landlord denies the application, stating he prefers to rent to Caucasian tenants only. This is a civil rights violation under the state and federal fair housing and anti-discrimination laws.

These are just a few examples of civil rights violations. Consulting with an attorney knowledgeable in civil rights law in New Mexico can determine whether your rights have been violated.

Suing for civil rights violations

Individuals who believe their civil rights have been violated have recourse under state and federal laws. Thanks to the passage of the New Mexico Civil Rights Act, residents of New Mexico now can sue for damages for a violation of state constitutional rights. Under the new provisions, individuals can sue for infringement of freedom of speech, religion, or the right to vote, plus seek restitution if they were unduly or cruelly punished or unlawfully held against their will by governmental agencies.

New Mexico is one of only two states to enact such a law. The other state is Colorado. Civil rights violation claims must be filed in one of two ways. Plaintiffs can file with the relevant government agency or sue in civil court. A civil rights attorney can help determine whether it is best to file in state or federal court. The New Mexico Civil Rights Act sets a cap of $2 million in damages for any governmental entity to pay.

What do if your civil rights are violated

Consulting a civil rights attorney is the most crucial step you can take if you believe your civil rights have been violated. An experienced civil rights lawyer can walk you through the main phases of a civil rights violation lawsuit to ensure your rights are protected every step of the way. They know which laws apply, whether you must file a claim with the government first, and whether you should file your lawsuit in state or federal court. The knowledgeable civil rights team at Cameron and Russell can evaluate all aspects of your case and present all available options. Contact our offices to schedule your case evaluation.

When Your Favorite Product Hurts You

Written by Brandon Herrera on . Posted in Deffective Product, Personal Injury Case. No Comments on When Your Favorite Product Hurts You

Beds, clothing, and even your favorite flat-screen television can injure you when you least expect it. Most consumers do not think about the products they use every day causing them harm. Yet nearly 11 million people have received emergency room treatment because of injuries from consumer products. When your favorite product hurts you, there is recourse. Reaching out to a personal injury lawyer skilled in product liability can ensure you receive fair compensation for your injuries.

What is product liability?

Product liability is the legal term used to describe the responsibility of distributors, manufacturers, and sellers of defective items. While accidents can and do happen with any consumer product, manufacturers must follow certain standards designed to help prevent injuries and even deaths from normal use of their products.

Any product can become the target of a personal injury lawsuit. It could be a piece of furniture with a design flaw prone to breaking during normal use, or clothing that does not meet the federal flammability standards. Sometimes it takes a personal injury lawsuit to prompt a product recall. Other times, the product already was recalled and ended up in the hands of the consumer anyway.

Buyers have legal protections when products are determined to be unreasonably dangerous. While no federal product liability laws exist, each state has its own rules. In New Mexico, distributors and manufacturers are liable for defective products that cause injuries to consumers when negligence can be proven.

Steps to take after a faulty product injury

Consumers who are harmed by faulty products must be proactive in seeking out assistance to improve their chances of receiving compensation for their injuries. Following these recommended steps can help strengthen your case against product distributors and manufacturers.

  1. Seek medical care for your injuries
    There are two reasons to seek immediate medical treatment for injuries caused by defective items. First, to ensure you receive appropriate treatment for the type of physical harm caused by the product. Second, to document those injuries for later use in a personal injury lawsuit. Medical records are essential components to any successful personal injury complaint, especially one that involves product liability.
  2. Check for a recall
    Some product recalls receive a lot of attention. You hear about them on the news, through social media, and even from signs posted in the retails locations where the products are sold. Others may not garner as much awareness. One of the best sources for checking on product recalls is the Consumer Product Safety Commission. The commission posts information on its website about all recalls, including those that have not managed to make the 6 o’clock news. Consumers can search by date, category, type of hazard, and manufacturing origin. If the product that caused your injuries is the subject of a recall, you can export the data from the commission and add it to your evidence for a potential personal injury claim against the distributor or manufacturer.
  3. Seek legal counsel
    Determining liability for faulty products is an important step when considering a personal injury lawsuit. Personal injury attorneys experienced with product liability can guide you through the process to ensure your rights are protected. One of the first things your personal injury lawyer will do is check to see if a class-action lawsuit for the item already has been filed. If one exists, you can consider joining it. There are pros and cons to joining a class-action lawsuit. Your attorney can discuss these with you before you decide whether to join one or file an individual claim.
  4. Identify all responsible parties
    As previously mentioned, this is where hiring a personal injury attorney skilled in product liability law comes in handy. Experienced product liability attorneys can follow the distribution chain to identify all responsible parties. From designers and manufacturers to retail distributors and wholesalers, each plays a unique role in getting a product to market. Some entities may have more responsibility for your injuries than others depending on why the product is defective. Your attorney can determine if some or all the parties involved should be included in the personal injury claim.
  5. Gather supporting documentation
    Another perk of hiring an experienced product liability law attorney is they will provide direction on which kinds of records can help prove your case. Receipts, product registration numbers, warranty information, and medical documentation of your injuries are just a few of the items that can point to liability.

Knowing when to settle

Most personal injury lawsuits never make it inside a courtroom, including those for product liability. Settling outside of court can be a beneficial experience for victims when they work with a reputable and skilled personal injury attorney. They can receive appropriate compensation for their injuries and other damages while being spared the stress of a lengthy court case. The product liability law experts at Cameron & Russell protects your rights while seeking the best route for recovering fair compensation. Schedule your free case evaluation today to get started.

Surprising Ways Holiday Gifts Can Hurt You

Written by Brandon Herrera on . Posted in Deffective Product. No Comments on Surprising Ways Holiday Gifts Can Hurt You

‘Tis the season for gift-giving. People spend time carefully choosing the perfect gift for their family and friends, excited to see their faces when they open them. Sometimes those well-intentioned gifts cause serious injuries to loved ones. No one wants to spend their holiday in the emergency room, but that is exactly what can happen under the right circumstances. Here are some of the ways holiday gifts can hurt you and how to avoid a disaster.

You’ll Shoot Your Eye Out!

Anyone who has ever seen the 1980s holiday classic A Christmas Story knows exactly what those iconic words mean. While it was amusing to watch a fictional Ralphie find out the hard way that his coveted Christmas gift was an accident waiting to happen, such happenstances are not so funny when they happen in real life.  

If you buy a loved one a Red Ryder BB gun or any other type of air-powered gun like Ralphie had in that movie, make sure they understand the dangers associated with their gift. Air weapons have evolved since the 1980s, making their penetration power like that of conventional handguns. They can cause serious injuries and should never be given to anyone too irresponsible to handle them safely.

The American Academy of Pediatrics (AAP) said 71 percent of air gun injuries were unintentional and caused an average 3-day hospital stay for injured parties. Of those, at least 66 percent caused permanent injuries. Some of the most common ways air guns and other pellet guns can injure users include:

  • Eye injuries can cause permanent partial vision loss or blindness. They most frequently happen when air guns backfire and hit the user in the eye. ‘
  • Skin lacerations and punctures are another common injury with these types of guns. Pellets and BBs can travel at speeds exceeding 200 mph and become embedded in the skin.
  • Bacterial Infections in areas of the body hit by BBs and pellets, especially when the skin is lacerated.

Removing secure packaging

A surprising number of people injure themselves each year not with the gifts they receive, but with their packaging. Dubbed “wrap rage” by industry experts, it happens when someone has difficulty removing poorly-packaged or overly secure product packaging. To cut down on waste and make products harder to tamper with on the shelves, many manufacturers have optimized their product packaging designs.

It is not the packaging itself that causes the injuries. Rather, it is what people do out of desperation trying to get them open. One of the most popular solutions is to grab boxcutters, a knife, scissors, or another sharp tool to pry the product free. What often ends up happening is an injury that requires a trip to the emergency room for stitches. If you are unlucky enough to sever tendons or ligaments with that sharp object, you might need surgery to repair the damage.

Frustration-free packaging can help prevent these kinds of injuries. If you bought or received a gift that sent you into a fit of wrap rage this holiday season, consider reaching out to the product manufacturer with feedback about your frustrations. If they care about customer satisfaction, they may work with a product packaging engineer to improve the unpackaging experience.

Toys with small parts can pose a choking hazard for little ones.

Choking on toys

Choking on toys has been a risk for as long as children’s toys have existed. Extra vigilance at the holidays is necessary since children receive numerous gifts from well-meaning family and friends who may not realize they have purchased something dangerous. Parents and other adults who buy gifts for little ones should follow product age recommendations to help reduce the risk. Some other guidelines to keep in mind to help keep children safe from choking this holiday season:

  • Check all toys for loose parts or components that can easily break off and end up in a child’s mouth.
  • Read warning labels and pay particular attention to any instructions about choking hazards and how to avoid them.
  • Keep toys that can be a choking hazard away from younger siblings. This can include games with coins, marbles, and small balls.

Don’t be afraid to say no to holiday gifts that can hurt you

Never be afraid to say no to a gift request if you know it will pose a danger to the recipient. The same holds true for gifts you or your family members receive from others. If you do get injured by a faulty product, you have recourse. Reach out to us to learn how we can help.

The Grinch Who Sued on Christmas

Written by Brandon Herrera on . Posted in Personal Injury Case. No Comments on The Grinch Who Sued on Christmas

There is nothing quite like getting sued on Christmas to make your holidays cheery. Worse yet, ending up in a jail cell can really ruin your festive mood. From slips and falls and food poisoning to drunken driving vehicle accidents, the list of reasons you might get slapped with a personal injury lawsuit is longer than Santa’s naughty or nice list. The period between Christmas and New Year’s can be especially dangerous, with more vehicle accidents occurring because of the increased traffic on the roadways. Here are some of the most common reasons people get injured during the holidays and the steps you can take to reduce the risk.

Slips, trips, and falls

Broken bones, back and spinal cord injuries, and head trauma are among the nasty injuries that can happen when someone slips, trips, or falls on your property. Icy or snow-covered walkways on your premises is a disaster waiting to happen. They are among the most common reasons people get hurt in others’ property. Even when the weather outside is frightful, if you have guests coming to your home for the holidays, clearing the walk and exterior stairs and keeping them salted must be a priority. Walkways and exterior stairs are not the only areas in your home that can cause your guests to trip and fall. Loose carpeting, uneven flooring, and clutter in common areas can all wreak havoc on unsuspecting guests. Make repairs and declutter your home before inviting people over.

Food poisoning

Enjoying a holiday feast with family and friends is a top priority for many during the holidays. Whether you are cooking or having your meal catered, preventing food poisoning must be in the forefront of your mind. Following these tips from the U.S. Centers for Disease Control and Prevention (CDC) can help prevent food poisoning and other foodborne illness.

  • Cook food thoroughly. Meat, seafood, and eggs carry germs that cause food poisoning when not cooked to a safe internal temperature. Use a food thermometer to check before serving these foods.
  • Keep foods separated. Meat, seafood, and eggs must be kept separate from all other foods. Raw meat juices never should leak onto other foods, so it is important to keep them in sealed containers. Store eggs in their original carton in the refrigerator to prevent cross-contamination.
  • Maintain proper temperature. Once food is prepared, keep hot foods hot and cold foods cold. Avoid the danger zone – between 40- and 140-degrees Fahrenheit – when serving food. Refrigerate or freeze any perishable food items within two hours of preparation. Make sure your refrigerator temperature is set at or below 40 degrees F and the freezer is at 0 degrees F or below.
  • Wash your hands. When working with food – especially raw meat and eggs – you must wash your hands to avoid cross contaminating other food items or surfaces in your home.
Choosing to serve alcohol to your guests can backfire if they cause a DUI traffic crash that causes serious injuries or fatalities.

Serve alcohol responsibly

Winter driving brings many hazards with it. Jackknifed tractor trailers, poor visibility, and slippery roads can all lead to vehicle accidents. Fatal drunken driving crashes always are a persistent holiday threat. According to statistics from the National Highway Traffic Safety Administration (NHTSA), Christmas is no exception. The NHTSA recorded 667 fatal holiday crashes on average each year in a report analyzing DUI crashes between 2010 and 2018. DUI-related accidents accounted for 8 percent of total fatalities during the holidays.

While holiday hosts do not bear responsibility for other people’s poor choices, they can be held liable for serving alcohol at a gathering to a guest who later causes a DUI fatality or crash resulting in serious injuries. If you choose to provide alcoholic beverages to your guests, be prepared to take car keys and call a taxi or Uber, or have the person stay over until they sober up.

Maintain control of your pets

We love our furry family members but must be mindful that not everyone we invite into our homes will share our opinion. Liability claims from dog bites and other dog-related injuries alone cost homeowners insurers $854 million in 2020. Even the most well-mannered pet can become anxious and aggressive under the right circumstances. Noise and confusion combined with strangers in their home can be enough to push some pets over the edge. Homeowners must take appropriate steps to ensure their guests do not end up injured by their pets. If negligent of this duty, you can find yourself on the receiving end of a personal injury lawsuit. Sometimes claimants sue for more than your homeowner’s insurance policy will agree to pay, which can leave you on the hook for the balance.

Have a quiet area set up for your pets so they can retreat from the noise and confusion that accompanies most holiday celebrations. Make sure they have food, water, and a comfortable bed in their calm space so they can relax. Tossing a few favorite toys in the area with them can entertain and soothe them. If your pet is especially anxious being separated from you, place an item of your clothing in the room with them. Check on your pet and reassure them from time to time as well.

Avoid getting sued on Christmas

Sometimes the holidays result in a fa-la-la-la-lawsuit. Getting sued on Christmas can happen when you do not take proper precautions before inviting guests onto your property. Even when you take every measure you can think of accidents still sometimes happen. If you have been injured during a holiday celebration due to someone else’s carelessness, you have a right to seek fair compensation for your injuries. The personal injury experts at Cameron & Russell can help. Give us a call at 505-218-7844 or contact us online to schedule your free case evaluation.

Tis the Season for Slip and Falls

Written by Brandon Herrera on . Posted in Uncategorized. No Comments on Tis the Season for Slip and Falls

Ho, ho, ho and a merry slipmas to you! Slips and falls can be a hazard any time of the year. Extra diligence is required during the month of December in Albuquerque, with declining temperatures that can dip near the freezing mark during the overnights and early mornings. Wet surfaces that already were slippery become even more dangerous in colder temperatures. Streets, sidewalks, and exterior stairways can become covered in ice or snow, making even the shortest trip a potential disaster for pedestrians.

Why do so many people slip and fall in the winter?

Cold, ice, and snow are the trifecta of wintry slip-and-falls. Unintentional falling is the leading cause of nonfatal injury in the U.S. among all age groups except those aged 10-24, according to the U.S. Center for Disease Control and Prevention’s National Center for Health Statistics.

The cold weather does not just make surfaces more slippery than usual. It encourages people to move more quickly to get in out of the cold weather. Walking briskly (or even breaking into a light jog) is not the best approach to winter weather in Albuquerque. Moving faster might get you nothing but flat on your back on a sidewalk or the bottom of the stairs during the winter months.

Lastly, people do not always dress appropriately for the slicker surfaces. Wearing dress shoes for the office can be a big mistake on snowy or colder days when wet surfaces might freeze.

Bone fractures are a common slip-and-fall injury in the wintertime.

What types of injuries can happen from winter slips and falls?

Slips and falls are dangerous no matter the time of year they occur. Injuries can range between mild and severe, with some requiring an immediate trip to the nearest emergency room for treatment. Here are some of the most common types of injuries that can happen from wintertime slips and falls.

  1. Concussions
    Hitting your head is always a risk anytime you fall. Concussions – a type of brain injury caused by a bump, blow, or jolt to the head – are among the most serious injuries you can get from a slip and fall accident. Some of the warning signs you have suffered a head injury that caused a concussion include balance issues, confusion, dizziness, double or blurry vision, forgetfulness, headache or head pressure, and sensitivity to light and sound.
  2. Fractures
    A partial or complete break in the bone is called a fracture. Wrists and ankles are common victims of wintertime slips and falls. Some of the common signs of a bone fracture include bruising, pain around the affected area, and swelling. Other tell-tale warnings being unable to move the injured area or put weight on it.
  3. Sprains and strains
    When a part of a ligament is torn or stretched, it causes a sprain. Twisting your ankle while walking too quickly on an icy surface can cause a sprain. Strains happen when muscles near the band of tissue that attaches the muscle to the bone becomes injured. Some signs of a strain or sprain include bruising, limited movement in the affected area, pain, and swelling.

Fatal slip and falls can happen under the right circumstances. Slipping on an icy sidewalk and falling into moving traffic or hitting your head can increase your chances of dying from a wintertime slip or fall.

Tips to prevent wintertime slips and falls for property owners

Property owners are liable for any injuries that occur on their premises. This includes slips and falls on icy or snowy sidewalks, stairs, and other surfaces. One of the most important steps property owners can take is to have a snow and ice removal plan in place for sidewalks, stairways, parking areas, and around any other public exterior spaces.

Other steps property owners can take:

  • Check gutters and downspouts to ensure they do not empty onto walkways or parking areas. Puddles can easily freeze in the right temperatures, creating a slipping hazard.
  • Maintain adequate lighting in exterior areas to help visitors more easily identify problem spots. Commercial LED lighting is the best bet for providing ample illumination without running up your electric bill.
  • Quickly clean up exterior spills. Just like dripping water from downspouts and gutters can create an icy mess, so can other liquid spills that are left unattended.

Slip avoidance tips for individuals

The onus to stay slip-and-fall free during the winter months is not only on property owners. You have a duty to ensure you are doing everything you can to protect yourself while out and about. Here are some things you can do to stay steady on your feet out there.

  • Avoid obvious slippery surfaces, including ice and snow-covered sidewalks and stairways.
  • Beware of changes in walking surfaces and proceed with caution during inclement weather.
  • Clean your shoes upon entering a building because caked snow can create slippery, wet floors for you and others.
  • Use handrails on stairways and walkways when provided.
  • Wear appropriate, slip-resistant footwear (boots with ridged or textured soles work best).
  • Walk slowly and as flat-footed as possible.

Seeking compensation for slip and fall injuries

New Mexico leads the nation in deaths and unintentional injuries suffered during slip and fall accidents. The Law Offices of Cameron & Russell help victims pursue fair compensation for slip-and-fall injuries that happen during the winter months or any time of the year. Schedule a free consultation with our skilled team of personal injury lawyers by calling 505-218-7844 or contacting us online.