Author: Brandon Herrera

Swimming Pool Accidents: Who is Liable?

Written by Brandon Herrera on August 6, 2021. Posted in Personal Injury Case. No Comments on Swimming Pool Accidents: Who is Liable?

Summertime is filled with fun activities outdoors with family and friends. Among the most popular ways to enjoy a sunny, warm day is by barbecuing and hanging out poolside. We hate to be the bearers of bad news, but swimming pool owners must be diligent when choosing to invite others to stop by for a swim. The risk of potential liability for swimming pool accidents that cause injury or death is high. That does not mean pool owners automatically assume responsibility when a guest is injured in or around their pools. It pays to know the dangers before opening your backyard oasis to others.

Do swimming pool accidents fall under premises liability?

Swimming pools are considered a part of the property on which they are located. New Mexico premises liability laws apply to any accident or injury involving a swimming pool for this reason. Premises liability is the legal terminology that refers to a property owner’s responsibility to maintain reasonable safety of their property and everything on it for visitors.

Are swimming pools an “attractive nuisance?”

Many states, including New Mexico, have what is known as an “attractive nuisance doctrine.” It applies to children who trespass on your property because they are enticed by something they see and want to explore. Swimming pools and Jacuzzis are two of the most common attractive nuisances to children, who can suffer serious injury and even death while using them without adult supervision.

Unfortunately, it does not matter whether the child who is injured in your swimming pool is a guest or is using your pool without authorization. Premises liability depends on proving negligence. For instance, if you do not have your pool gated, and a child decides to take a dip while you are not home and is injured, you could be liable for failing to secure your pool even though you did not invite the child to use your pool.

swimming pool accidents diving boards — Diving boards are a major source of swimming pool accidents and injuries.

What are some common swimming pool accident injuries?

Swimming pools can be a lot of fun. They also can cause serious injury if people are careless around them. For instance, if the area around your pool is wet, it can become a slipping hazard for guests. Diving boards and flotation devices are other sources of accidents in pools. Even the pool wall can injure swimmers who are unaware they are too close to it when swimming and collide with it.

Here are some of the most common injuries that happen in swimming pools:

Abrasions and cuts
Broken bones
Drowning
Electrocution
Infections
Spinal cord injuries
Traumatic brain injury

Pool owners can only do so much to prevent swimming pool accidents and the resulting injuries. Properly securing your pool when not in use, updating and repairing it when needed, and supervising guests are the best ways to avoid negligence and premise liability lawsuits.

How do you know if you are liable for a swimming pool accident?

New Mexico law requires those injured while using someone else’s swimming pool to prove several critical facts before they can file a premises liability personal injury lawsuit. They must show that:

The owner failed to fulfill their duty of care at their pool.
The owner breached their duty of care through careless action or inaction (such as failing to secure the pool from uninvited guests).
The injury suffered was directly related to the pool owner’s breach of duty of care.
The injured party suffered damages.

Making sure you are present any time someone is using your pool is important for preventing accidents and avoiding liability for injuries. It is your responsibility to ensure all guests use the pool safely and appropriately and to ask anyone who cannot follow the rules to exit the pool immediately.

Does homeowners’ insurance cover swimming pool accidents?

Homeowners’ insurance coverage for pools generally covers damage to the pool and liability issues. While it is nice to have coverage for repairs, all swimming pool owners must secure liability insurance coverage. Most homeowners’ insurance policies include liability coverage for pool-related accidents. However, we advise increasing your liability limit up to $500,000 if possible.

Pool owners also can purchase a separate umbrella policy if their insurance provider offers that option. Sometimes referred to as “excess liability policies,” umbrella coverage includes liability limits of $1 million, $2 million, or more and is inexpensive compared with footing the bill for injuries sustained in swimming pool accidents out of your pocket.

What to do if you are injured in a swimming pool accident

What happens if you are the person injured in a swimming pool accident through no fault of your own? Consulting with a personal injury lawyer experienced in premises liability law in New Mexico is your best bet for protecting your rights and securing fair compensation for your injuries. Bill Russell is deeply dedicated to representing victims and their families. Contact our offices today to schedule a hassle-free consultation to review your case.

6 Safety Tips to Keep 4-Wheeling Fun

Written by Brandon Herrera on July 29, 2021. Posted in Personal Injury Case. No Comments on 6 Safety Tips to Keep 4-Wheeling Fun

All-terrain vehicles, sometimes called 4-wheelers, are off-road vehicles that can be used for both fun and work. ATVs are popular with New Mexico farmers who use them for checking on livestock in the fields, to inspecting their crops, or even add fertilizer or chemical protectants to their fields. When used for recreational purposes, 4-wheelers can explore rugged trails and make the perfect off-road vehicle for hunters.

No matter how you choose to use your ATV, following these six safety guidelines can help prevent the kinds of accidents and injuries that can cause serious injury or even death.

Safety tip #1: Get safety certified

ATVs are not toys. While you can have a great deal of fun on them, you also can end up with some debilitating injuries if you do not treat them with the respect they deserve. Learning how to ride your ATV safely in a controlled setting is one of the smartest and most responsible things you can do. You must be able to make quick adjustments – increasing or decreasing speed, shifting your weight to make turns – while riding to ensure your safety and that of any passengers. New Mexico law requires ATV operators to be at least 13 years old and possess a valid motorcycle license or 15 years old with a valid driver’s license.

Safety tip #2: Choose the right size ATV

When it comes to ATVs, one size does not fit all. You must choose one that is sized correctly for your age, weight, and height if you want to ride safely. Full-sized 4-wheelers can weigh more than 600 pounds. They are difficult to maneuver, even when you have one that is an appropriate fit. All manufacturer’s warning labels indicate recommended age groups. You also can ask an ATV sales representative to ensure you pick a 4-wheeler that is best suited to you.

safety tips ATV helmets and eye protection

Safety tip #3: Wear a helmet and eye protection

Wearing a helmet and eye protection does not make you a dork. It makes you a responsible ATV rider (or passenger). New Mexico requires all ATV riders under 18 to wear a helmet and approved eye protection. While those over 18 are not mandated to do the same, the New Mexico Game and Fish Commission strongly encourages it. Head and spine trauma are two of the most common injuries from ATV accidents. Wearing a helmet can help protect against traumatic brain injuries that can leave you permanently disabled. Eye protection is as important as a helmet, especially if riding your ATV on a trail or other off-road terrain that has rocks, branches, and other debris that easily can get caught by your wheels and fly up into your face. Your best bet for protecting your noggin and your eyes is a helmet with a full-face shield.

Safety tip #4: Dress for ATV success

Long pants, long-sleeved shirts, gloves, and ankle-high boots offer the best protection when riding. While no one intends to fall off their 4-wheeler, it can happen. ATVs have a high center of gravity, no seatbelts, and no roll bars. If they tip, nothing is keeping you on your seat. If you get thrown from your ATV, the right clothing can keep you from getting painful skin abrasions.

Safety tip #5: Ignore the need for speed

ATVs are powerful vehicles. While you might feel wild and free on one, it is important to remember that 4-wheeler tires are not designed for pavement or high speeds. While most can go between 65 and 80 mph (and some even faster than that), if you go too fast on yours, it can become unstable and tip. It also is more difficult to turn an ATV when it is going too fast. Just because you can go fast does not mean you should. Always ride your ATV on approved trails or other riding surfaces and keep it at a controlled speed.

Safety tip #6: Learn basic first aid

No one plans to be in an accident. That does not mean you should not be prepared for one. Learning some basic first aid for treating minor injuries and stabilizing more serious ones (like broken bones) until help arrives is a wise move if you regularly ride an ATV. The Red Cross in Albuquerque offers both CPR and first aid classes.

Safety Tips ATV broken bones — Broken bones are a common injury for ATV riders.

What kind of injuries can you get on an ATV?

Why do you need to follow these safety tips? It is simple: you can get seriously injured if you refuse. Four common injuries can happen when you have an ATV accident.

Concussions are a kind of traumatic brain injury that happens when there is an impact on your head. If you fall off your ATV, your head could hit the ground hard, or bang off a rock or other debris. If you are thrown from your ATV, you could end up going head-first into a tree. Concussions can cause serious problems down the road, including headaches and seizures.
Broken bones are one of the most common injuries from 4-wheelers. Any time you are thrown or fall off your ATV, you risk breaking a bone. Riding at a controlled speed and wearing protective gear can help.
Spinal cord injuries can lead to permanent paralysis and even death. Getting thrown from your ATV or having it roll onto you are two ways you can suffer a spinal cord injury. Stay at a safe speed to help prevent these kinds of accidents.
Cuts and bruises are another risk when you ride a heavy metal machine like an ATV. The arms and legs are where most cuts and bruises happen. Wearing protective clothing and staying at a safe speed can help prevent these kinds of injuries.

Who is responsible if you get injured by a 4-wheeler?

That depends. If you are riding carelessly on an ATV and have an accident that leaves you with debilitating injuries, you are the only responsible party. If you are a passenger on a 4-wheeler and someone else’s poor decisions lead to your injury, they can be held liable for their actions. Likewise, if the machine you are driving is defective, or if your helmet or other safety gear is faulty, you may be able to go after the manufacturer. Talking with a personal injury lawyer can help determine if you have a case. Bill Russell is an experienced personal injury lawyer in Albuquerque, New Mexico. You can schedule a hassle-free consultation with him by calling 505-218-7844 or inquiring online.

Know Your Rights Against Dog Owners

Written by Brandon Herrera on July 13, 2021. Posted in Personal Injury Case. No Comments on Know Your Rights Against Dog Owners

As the adage goes, dogs are a man’s best friend. Dog owners certainly seem to embrace that notion. Victims of dog bites, not so much. Dogs can cause a great deal of pain and suffering when they choose to attack. Insurance companies paid out $853.7 million in claims for dog bite injuries in 2020 alone, reflecting a 7.1 percent increase in the number of dog bite claims filed. It pays to know your rights against dog owners in Albuquerque, NM in case you ever become the victim of a dog bite or attack.

Who is responsible for dog bites and dog attacks?

Many dog owners believe their pets are harmless and would never hurt – let alone attack – another person. Taking that risk can open your up to a personal injury lawsuit. While there are no specific statutes for dog bites in New Mexico, there are some basic grounds for liability. They include:

Scienter cause of action places the blame on the dog owner under certain conditions. If the victim can provide the dog owner knew or should have known their pet could attack someone, the dog owner is liable for the attack. This means dog owners are on the hook for medical costs and any pain and suffering of the victim.
Negligence happens when people fail to keep their pets under reasonable control. This means leashing your dog when in public and ensuring it cannot leave your property in pursuit of passersby.
Landlords are liable along with pet owners if a victim can prove the landlord allowed a dangerous dog to live on the premises.

Beware the New Mexico “One-Bite Rule”

In Albuquerque and all of New Mexico, there is something called the “one-bite” rule. Essentially, it is a first-offense guideline for dogs. If a dog bites or otherwise attacks a person, and it is the first time the dog has behaved in this manner, the owner cannot be held liable. The rule acts as a one-free-pass scenario for pet owners. If the victim can prove the dog has a pattern of hostile or threatening behavior, they can successfully pursue damages from the pet owner.

Just because the one-bite rule exists does not mean it is the sole determining factor in whether a personal injury lawsuit is appropriate. Negligence and prior knowledge of a dog’s aggressive nature can override the rule. Another consideration is the breed of the dog. Some breeds – Akitas, Dobermans, German Shepherds, Rottweilers, Pitbulls – have a reputation for being aggressive. If one of these breeds bites or attacks you, it is possible to bypass the one-bite rule.

The experienced personal injury lawyers at Cameron & Russell can review your case to determine if it is likely to succeed.

Common injuries from dog attacks

Dog bites and attacks vary in severity. Smaller dogs may not do as much damage as larger breeds. Some dog bites cause permanent scarring and tissue damage. Common injuries from dog attacks include:

Broken bones
Nerve damage
Puncture wounds

Any time you are bitten by an unknown or unfamiliar dog, rabies is an issue. If you cannot verify the vaccination status of the dog, healthcare providers will recommend you undergo a series of rabies treatments as a preventative measure. It prevents the virus from entering your central nervous system if it is present in the dog’s saliva.

Victims also can suffer from emotional effects like posttraumatic stress disorder from dog attacks, which requires therapy to help them cope.

Preventing dog bites and attacks

While the onus is on the dog owner to ensure their pet is under control, there are some things you can do to reduce your chances of becoming a victim. The first and most important is to never approach an unfamiliar dog. The urge to pet and interact with unfamiliar animals can lead to serious and debilitating injuries. If you are approached by a strange dog that appears confrontational, never run. The animal will see that as an encouragement to pursue. Also, avoid making direct eye contact with a dog. They interpret this as a sign of aggression and may respond in kind.

If you are knocked down by an unfamiliar dog, the best thing you can do is roll into a ball to protect your head and limbs and “play dead.” Be as still as possible.

Statute of limitations on dog bite claims

As with other personal injury cases, there is a three-year time limit on filing a dog bite claim in Albuquerque, NM. If you are injured by a dog attack, it is critical you reach out to a personal injury lawyer familiar with dog bite cases. They can review the merits of your case and determine if you can successfully seek damages from the dog’s owner.

Our team of personal injury attorneys goes the extra mile to pursue your case. Schedule your free consultation to discuss your case with us. We promise to approach your case with a fresh eye and the attention to detail it deserves. Request an appointment online or call us at 505-218-7844 to get started.

How Defective Tires Lead to Product Liability Claims

Written by Brandon Herrera on July 6, 2021. Posted in Uncategorized. No Comments on How Defective Tires Lead to Product Liability Claims

Defective tires cause roughly 11,000 automobile accidents each year on our nation’s roadways. Tire blowouts happen more frequently than you may think. When they do, they can cause serious injury and even death. With Americans gearing up for a busy summer of holiday travel, it is important to focus on tire safety measures to protect their loved ones.

What is a defective tire?

Tires that have a design or manufacturing defect are neither safe nor reliable. Defective tires can and do fail. When that happens, they lose air pressure without warning, which can cause you to lose control of your vehicle. If you are traveling at a high enough rate of speed when your tires fail, your chances of having a rollover accident increase.

Some of the most common tire defects include:

Damage during the mounting process. When you have new tires put on your vehicle, or they are put on at the car at the assembly line, they are balanced and mounted. This process ensures the tires operate safely by distributing the weight of the tires evenly. Failure to do this process properly will make your tires wear more quickly and cause your vehicle to vibrate at speeds higher than 45 mph.
Improper puncture repair. If you took your vehicle to a repair shop for a tire patch and the technicians failed to repair it properly or tried to patch it when it should have been replaced, that can make your tire defective.
Retread failure. Retreading a tire involves reusing casing from worn tires to produce new tread. While they can save you money, retreaded tires have a 3 percent failure rate.
Tread and steel belt separation. This is the most common type of tire failure. With this design, tire manufacturers wrap two steel belts around the tire. The tire tread is intended to adhere to the belts. The entire assembly is then bonded to the sidewalls of the tire. If this process is done incorrectly, your tread will separate from your steel belt while you are operating the vehicle. This can lead to a loss of control of your steering.

How do you know if your tires are defective?

There often are warning signs that the tires on your vehicle are not safe. Vehicle owners should visually inspect their tires regularly, as well as have them professionally inspected at least once annually. Some of the warning signs your tires are unsafe include:

Bulging or blistering on the sidewall signals tire weakness.
Cracking or cuts in the sidewalls.
Excessive vibration is a sign of wheel misalignment, unbalancing, or a bent rim.
Even tread wear can mean your tires are improperly inflated, your wheels are out of alignment, or there is a problem with your suspension.

These are only a few of the warning signs your tires may be an accident waiting to happen. Having your vehicle routinely inspected by a professional is the best way to ensure its safety. If you suspect anything is amiss, do not wait. Take it to a mechanic immediately for evaluation.

Injuries from defective tires and tire blowouts

Tire failure creates a dangerous situation on the roadways. When the tire that is failing is on a big rig, that increases the likelihood of injury and death. Traffic on major roadways travels at high rates of speed. Rollovers can happen, making injuries suffered more severe. Here are some of the common injuries experienced due to defective tires:

Broken bones
Loss of limbs
Paralysis and other spinal cord injuries
Punctured organs
Traumatic brain injury
Vision loss

These types of injuries can leave you with staggering medical bills and permanent disability that affects your ability to live independently or earn a living. You have a right to pursue legal action against responsible parties to recover present and future financial losses plus pain and suffering.

Who is liable for accidents caused by defective tires?

Tires shops and the entire supply chain in the tire manufacturing and distribution process are liable if defective tires are placed on a consumer’s vehicle. Design flaws or other manufacturing mistakes can make tires unsafe for the vehicle’s operator and everyone else on the roadways with them.

If you suspect the tires on your motor vehicle are poorly designed or have other manufacturing defects, report it to the vehicle or tire manufacturer immediately. Allow them to rectify the situation. If they fail to do so, and you are injured in a vehicle accident caused by defective tires, you have legal recourse. Defective tires fall under product liability law, meaning you are entitled to fair compensation for injuries suffered because of poor product design or repair. If a loved one is killed in an accident because of faulty tires, you can file a wrongful death lawsuit.

Reach out to the experienced personal injury lawyers at The Law Offices of Cameron & Russell. We can evaluate your case to determine the best course of action. Call us at 505-218-7844 or contact us online to schedule your free case evaluation.

Six common types of nursing home abuse
(And what you can do to stop it)

Written by Brandon Herrera on May 25, 2021. Posted in Personal Injury Case. No Comments on Six common types of nursing home abuse
(And what you can do to stop it)

No one likes to think about their loved one suffering abuse or neglect at the hands of those who are tasked with their care. Unfortunately, nursing home abuse and neglect are a growing problem in the United States and around the world.

Most people wish for a long and happy life surrounded by family and friends. Living a long life means you eventually reach a point when you depend on others for your daily care. What do you do when the people who are supposed to help you live out your golden years in peace and contentment are causing you pain and suffering? Contacting an attorney skilled in elder abuse laws can help.

What are the most common types of nursing home abuse?

Elder abuse is a growing problem in the United States. The National Center on Elder Abuse classifies elder abuse into six categories.

Physical abuse. Some of the signs of physical abuse can include bruises, black eyes, welts, lacerations, broken bones and fractures, open wounds, and signs of restraint. These are not the only indicators that physical abuse is occurring but are some of the most common. Any physical contact with a nursing home resident that results in bodily injury, impairment, or physical harm meets the legal definition for abuse.
Sexual abuse. Non-consensual sexual contact of any kind with a nursing home resident is sexual abuse. This can include unwanted touching, sexual assault and battery, and sexually explicit photographing of a resident. Some of the most common signs of sexual abuse in the elderly are bruising in the genital area or on the breasts, unexplained anal or vaginal bleeding, and unexplained sexually transmitted diseases or infections.
Psychological abuse. From the time we are small children, we are taught that our words can hurt others. Verbal abuse of nursing home residents is, unfortunately, a common occurrence. Non-verbal actions also are classified as psychological abuse and can include forced social isolation and treating an elderly person as a child. Some of the warning signs of psychological abuse include emotional upset and agitation, withdrawn or non-responsive behavior, and self-soothing techniques like rocking.
Neglect. Nursing home staff who refuse to fulfill any of their duties as caregivers are engaging in elder neglect. Some of the most common forms of nursing home neglect include failure to provide adequate access to food and water, personal hygiene, medicine, comfort, and other daily living essentials. Signs of neglect include dehydration and malnutrition, untreated bedsores, poor personal hygiene, and unsafe living conditions.
Abandonment. Leaving an elderly person to fend for themselves when they have physical and emotional dependencies for their daily care meets the legal definition of abandonment. When nursing homes assume the responsibility of caring for your loved one, they are legally bound to provide an agreed-upon level of services. Deserting elderly residents in public locations is one common sign of abandonment.
Financial exploitation. Improperly using an elderly person’s assets, bank accounts, and property is considered financial exploitation. This kind of nursing home abuse most frequently happens to residents who are suffering from memory impairment like dementia or Alzheimer’s. It includes forging signatures and cashing checks without authorization or permission and stealing an elderly person’s material possessions. Keep a watchful eye out for sudden changes in a bank account or banking practices and the inclusion of additional names on credit cards or bank accounts.

elder abuse, elder care, ombudsmen, elder care advocates

What to do if you suspect abuse or neglect

It can be difficult to know what to do if you suspect abuse or neglect. The last thing you want to do is leave your elderly loved one in the care of someone who may be hurting them emotionally or physically. Taking the right action quickly can help prevent further abuse or neglect and the physical and emotional harm that it causes.

Law enforcement. If your loved one is in imminent danger, do not waste time. Call 911 or the local police department and request immediate assistance. Police have the authority to investigate. They can secure any warrants needed to gather evidence when abuse or neglect is confirmed.
Adult protective services. When abuse or neglect is suspected but you are having difficulty verifying it, calling in adult protective services can help. The New Mexico Aging and Long-Term Services Department handle cases of suspected abuse, exploitation, and neglect. There are 5 adult protective services regions serving 33 counties in New Mexico. To find yours, call the main helpline at 866-654-3219. They will direct you to the correct department and help you file a report. An inspector or advocate from adult protective services will conduct a thorough investigation to ensure your loved one is protected.
Long-term care ombudsman. Ombudsmen empower residents of nursing homes and assisted living facilities by educating them on their rights as protected by state and federal law. If you have an elderly loved one who depends on someone else to provide their care, bringing in an ombudsman is a good idea, even if you do not suspect abuse. Ombudsmen regularly visit residents and are skilled at spotting any signs of abuse or neglect. You can use this resource to help locate an ombudsman anywhere in New Mexico.

How to prove nursing home abuse or neglect

If you suspect your elderly loved one is suffering abuse or neglect at the hands of a nursing home or other elder-care facility, you must contact an attorney right away. It is our job to help you prove your case. We can cut through the red tape to compel nursing homes and assisted living facilities to provide documents to support your claims.

Criminal and civil penalties are part of nursing home abuse and neglect cases. The two are not mutually exclusive. It is possible to have criminal charges filed against a nursing home or assisted living facility or its employees while also pursuing a personal injury case. This is when the expertise of Marcus Cameron and Bill Russell is advantageous. Their combined experience in both civil and criminal law ensures the best possible outcome.

Call our offices today at 505-218-7844 or contact us online to request your no-obligation consultation with our team. First consultations are always free at Cameron & Russell, so you have nothing to lose by discussing your case with us.

My hip was recalled. Now what?

Written by Brandon Herrera on May 18, 2021. Posted in Deffective Product, Personal Injury Case. No Comments on My hip was recalled. Now what?

Product liability is a common reason for personal injury lawsuits in the U.S. Each year, roughly 40 million lawsuits are filed by consumers who are injured by faulty products. It is much easier to deal with products used externally when there is a defect in their design or manufacturing. What happens when the product that is not working as intended (or outright causing harm or further injury) is implanted inside your body? It is scary to think about, but unfortunately, it happens.

A perfect case in point is some recalls and lawsuits over defective hip replacements. Some of the most popular hip replacement manufacturers faced recalls and lawsuits in recent years. It is better for consumers when defects are discovered before they end up in your body. Once a defective hip replacement part is inside you, it can cause added pain and suffering if it must be removed or repaired. When that happens, consumers turn to personal injury law firms to help recover costs associated with additional surgery, lost wages, and pain and suffering.

Different types of product liability

Three main types of product defects can lead to recalls and product liability personal injury lawsuits.

Design defects are serious and denote an entire product was either poorly designed or never tested for safety and efficacy before hitting the market. This type of product defect has the potential to cause serious injury to consumers and even death depending on the severity of the defect. For this reason, consumers tend to receive larger settlements and court-awarded damages for design defects.
Manufacturing defects happen when the product was designed well, but something went wrong in the manufacturing process. Manufacturing defects can affect all products or just a few on the assembly line. It depends on what the issue with manufacturing was on whether every product is affected or a select few from a certain “batch.”
Marketing defects are part of the warning labels for products. Consumers are familiar with product packaging that includes instructions for assembly (when applicable) and proper use and safety guidelines. Product manufacturers who fail to include this information – or who omit important details that can cause someone to misuse a product – can be liable for that omission if it leads to injury or death.

Just because a product is defective does not mean it will cause an injury or death. The responsibility for recalling a product lies with the producer, manufacturer, and importer of the product. If any of these parties know of a defect and fail to alert consumers, they can face product liability lawsuits from consumers and potential punitive action from the U.S. government.

Most common types of hip replacement recall

Modern medicine is amazing. There was a time when, if you had a hip injury, you had to live with the debilitating pain and decreased mobility. Now, there are options for products designed to restore range of motion and help you live an active, pain-free lifestyle.

Just because these devices exist does not mean they work perfectly. Increased failure rates for hip replacement parts – especially the metal-on-metal designs – are becoming more commonplace. Sometimes patients suffer from metal poisoning.

While designers and manufacturers of hip replacement products are compelled toward safety, the Food and Drug Administration does not require premarket testing for hip implants. That means if there is an issue the designers or manufacturers did not anticipate, it will not be discovered until after consumers are using the product. Early failure rates for hip replacement products are one of the main reasons consumers filed lawsuits in recent years. Some consumers have claimed manufacturers had or should have had prior knowledge of increased health risks associated with their products. The recent recalls and subsequent consumer lawsuits over Zimmer hip replacements are one such example.

Increased risk with medical part recalls

Returning a faulty hip is not the same as returning a toaster with wiring issues or a car with a design flaw to the place where those items were purchased. When the product that is causing you pain or further injury is inside your body, it creates a whole new layer of difficulty and risk to the consumer.

When your hip joint is worn or damaged, it can affect your mobility and cause pain when moving or resting. Some people suffer from conditions like osteoarthritis or rheumatoid arthritis, putting them at higher risk for needing a hip replacement.

The decision to perform hip replacement surgery is not made lightly by healthcare professionals because they know the risks associated with the surgery and the long recovery process that lies ahead. Recovery from hip replacement surgery takes between two and four weeks. That is only if the patient has no extenuating circumstances or pre-existing conditions that can slow progress.

If a hip replacement involves a defective part that requires removal, repair, or total replacement, patients must start the process all over again. This is understandably upsetting. Every week you are off work for recovery is a potential week without pay. Some employers may provide paid time off for illness and injury and some may not.

Consumers injured by faulty hip replacements should consult with medical, legal professionals in Albuquerque

Personal injury lawyers can help if you are the victim of a faulty hip replacement part. If you receive notice of a recall or begin to experience issues after you have a hip replacement, contact an attorney experienced in product liability to review your options. It is important to contact an attorney before you make any decisions about how to handle the faulty hip replacement. If you must have revision or replacement surgery to fix the issue, you may be entitled to compensation and other damages. Our experienced product liability attorneys can help ensure you receive fair compensation and treatment throughout the entire process. Call us today at 505-218-7844 to schedule your free consultation.

Charged with a White-Collar Crime: Now What?

Written by Brandon Herrera on May 7, 2021. Posted in Uncategorized. No Comments on Charged with a White-Collar Crime: Now What?

White-collar crime cases are serious and should be given the weight they deserve. Oftentimes, people joke that those accused and convicted of white-collar crimes are sentenced to resort-style “prisons” to serve out their terms in style. This is not an accurate depiction of what can happen if you are charged with a white-collar crime. Most white-collar crimes are federal offenses with the potential for hefty fines and prison sentences (in real prisons) as just two of the consequences. Protecting yourself against a charge of white-collar crime requires the guidance and expertise of a criminal attorney who specializes in white-collar criminal defense.

So, what happens if you are accused of committing a white-collar crime? Taking the right steps from the moment you learn you are under suspicion can make all the difference in the outcome.

What are some white-collar crime examples?

White-collar crime often is confused with corporate crime. While both are non-violent crimes related to financial activity, that is where the similarity ends. The key differences come down to two factors: who benefits from the crime and who pays for it.

With white-collar crimes, it is usually an individual who both benefits from the crime and who will be held criminally liable for its commission if caught. We will use the example of an accountant who decides to start skimming a little bit off the top from his clients to line his pockets. This is called embezzling. The only person profiting from the crime is the accountant. If he chooses to give some of the stolen funds to other people, prosecutors must prove the recipients knew the money was obtained illegally before they could be held accountable. In the end, if the accountant is caught, he will bear the full brunt of responsibility.

Corporate crime is quite different. While it also takes place in a business setting, the perpetrators of the crime and who pays for it may be two different entities. Let’s take the case of insider trading, which involves buying or selling stocks based on company information not known to the public. An employee with the knowledge that a product their company produces is about to be recalled could sell off their stock before prices plummet, preventing personal financial disaster. In this instance, the employee is both benefiting from the crime and paying for it if caught. Another example would be a chemical company accidentally releasing toxic gas near a populated city, then actively taking steps to cover up their crime. In this case, the company and any company executives or officials involved with the decision to hide these details is culpable.

How is white-collar crime investigated?

As previously mentioned, most white-collar crimes fall under federal jurisdiction. The Federal Bureau of Investigation (FBI) handles any cases the fall under the descriptor. This can include (but is not limited to) public corruption, money laundering, corporate fraud, securities and commodities fraud, mortgage fraud, financial institution fraud, bank fraud and embezzlement, and fraud against the government.

Once a case is turned over to the FBI, there is a process it follows to fully investigate if a crime has occurred. With other criminal cases, an investigation usually begins after an arrest is made. This is not protocol for white-collar crime cases. What usually starts the ball rolling is an accusation of misconduct. Before an arrest, the FBI may take the following steps to build a case:

Subpoenaing bank or other financial records.
Executing search warrants at a suspect’s home or place of business.
Monitoring devices, including landline phones, mobile phones, and other digital modes of communicating.
Interviewing alleged victims.
Coordinating with other agencies (IRS, FDA, DHS) to compile and review documentation related to the alleged crime.

Once the FBI has enough evidence to support charges, an arrest will follow. Charges typically are filed within the federal court system, with U.S. prosecutors in charge of the case. As a rule, prosecutors must prove there was an agreement to perform an illegal act and that the act was performed.

What is the most common defense against white-collar crime charges?

There is not a cookie-cutter defense strategy that works for every white-collar crime defense. Intent plays a huge role in how your criminal defense attorney approaches your case. For instance, a person who makes a significant mistake on their tax filing – albeit unintentional – is likely to have a better angle for defense than someone who knowingly committed tax fraud.

Entrapment is an effective method for defending against some white-collar criminal charges. This goes back to what was mentioned earlier about an investigation occurring before an arrest with white-collar crime cases. This can backfire on law enforcement if they rely on any kind of sting operation to try to catch the suspect “in the act.” If anyone involved with a sting operation compels the target of the investigation to act criminally, that is entrapment.

What is the most common punishment for white-collar crime?

Punishment depends on the severity of the crime and the number of victims. While white-collar crime does not involve physical harm to victims, it does cause significant financial harm to victims. Juries and courts weigh the extent of the financial (and emotional) damage to victims when handing down a sentence. Some of the most common punishments include:

Federal prison
Probation and supervised release
House arrest/electronic monitoring
Fines
Restitution

Regardless of which sentence you receive if convicted of a white-collar crime, there are lasting consequences. Felony convictions can ban you from ever doing business with a government entity in the future. You also will lose your right to vote and cannot legally own firearms. It also precludes you from ever holding a federal office or receiving federal benefits. This is just the tip of the iceberg. This is why it is important to choose legal representation by a high-skilled and experienced criminal defense attorney.

Choosing a white-collar crime attorney

If you are accused of committing a white-collar crime, it goes without saying you will need a top-notch attorney with experience in handling such charges. Marcus Cameron has the knowledge and experience necessary to obtain the best possible outcome for clients accused of white-collar crimes. Call 505-218-7844 or send us a request online to schedule a no-obligation consultation with Marcus today.

Top 7 Workers’ Compensation Questions

Written by Brandon Herrera on April 26, 2021. Posted in Uncategorized. No Comments on Top 7 Workers’ Compensation Questions

Whether you are an employee or an employer in Albuquerque, it is important to understand how workers’ compensation laws work in New Mexico. For employers, workers’ compensation helps protect your business in the event employees are hurt while on the job. This can include injuries sustained from operating equipment required for their daily tasks, or involvement in an accident while making deliveries for your company. Here are 7 of the most frequently asked workers’ compensation insurance questions and what you can do if you are hurt on the job and having difficulty securing benefits.

What is workers’ compensation?
Workers’ compensation is a type of insurance employers can secure to protect their businesses and their employees. It protects against financial loss for both employer and employee should an employee get hurt on the job or become ill due to a work-related cause. According to the U.S. Bureau of Labor Statistics, work-related injuries are up by 2 percent. The total number of employer-reported injury and illness rate was 2.8 cases per 100 employees in the most recent data from BLS. Having adequate workers’ compensation insurance coverage is a must.
What does worker’s compensation cover?
When an employee is injured on the job or suffers a work-related illness, workers’ compensation can cover the costs of medical expenses, lost wages, and any costs associated with ongoing care and recovery. In the event an employee is killed on the job, workers’ compensation covers funeral expenses and may cover any damages from a lawsuit if the employees’ surviving family members pursue legal action.
What is not covered by workers’ compensation insurance?
Some situations would not be covered by workers’ compensation insurance and vary by state. Injuries sustained from a fight that was instigated by the employee are not covered by most workers’ compensation insurance plans. If an employee is intoxicated or under the influence of drugs while on the job, any injuries they suffer due to their altered state are not included in workers’ compensation coverage.
Who pays for workers’ compensation benefits?
In New Mexico, every employer with three or more employees must provide workers’ compensation coverage to employees. There are some exemptions:

– Workers with employers licensed under the New Mexico Construction Industries Licensing Act.
– Household workers
– Real estate agents
– Agricultural laborers

Workers’ compensation insurance coverage costs depend on the unique risks of each business. The size of the business, the type of work employees performs, and state laws all factor into the total cost of workers’ compensation insurance. Employees are not responsible for paying for workers’ compensation benefits. The employer must cover all costs associated with workers’ compensation.
What should employees do if they are hurt on the job?
The first thing an employee should do if they are hurt on the job or suffer a work-related illness is to notify their supervisor as soon as possible. The report should include the date, time, and description of how the injury happened. New Mexico law requires employees who are injured on the job or who suffer a work-related illness to notify their employer within 15 days. If circumstances prevent notification within that period, it may be extended to 60 days. An example would be if an injury is serious enough to hospitalize the employee with injuries that prevented communication with their employer.
How do you file a workers’ compensation claim?
Employers have a responsibility to file a workers’ compensation claim with their insurance provider as soon as an employee reports a work-related illness or injury. Depending on the type of injury, the employee may require immediate medical attention, which can include calling an ambulance or providing them with transportation to a hospital or medical provider. If an injury or illness requires time off from work, an employer will need to approve it as paid time off. Employers must gather certain information necessary for filing a workers’ compensation claim. It can include (but is not limited to) details of the incident and personal information about the employee who was injured.
What if workers’ compensation does not cover all the costs associated with the illness or injury?
Sometimes workers’ compensation insurance coverage is inadequate or limited. Other times, the ongoing treatment required for recovery exceeds the coverage. For workers who suffer a permanent disability that prevents them from returning to work, additional compensation may be necessary. When the workers’ compensation insurance coverage is insufficient, workers have the option of filing a third-party negligence lawsuit to recover the additional costs associated with their illness or injury. Consulting with an attorney who is knowledgeable in workers’ compensation insurance law is the best course of action. Bill Russell has extensive experience in personal injury and workers’ compensation cases and can work with employees to ensure they get the compensation they deserve. Reach out to him today to schedule your no-obligation consultation.

The Harsh Truth About Truck Crashes
(And why commercial drivers are held to higher standards)

Written by Brandon Herrera on April 15, 2021. Posted in Uncategorized. No Comments on The Harsh Truth About Truck Crashes
(And why commercial drivers are held to higher standards)

The statistics on truck crashes in New Mexico are alarming. According to the New Mexico Department of Transportation’s annual crash report, heavy trucks were involved in 2,939 crashes. Of those, 56 involved fatalities. In fact, the state is number three in the nation for dangerous driving, with approximately 52 deadly crashes per 100,000 drivers. New Mexico is surpassed in the number of reckless drivers only by Texas and Mississippi. That is not a point of distinction in which most residents take pride.

New Mexico is home to some of the busiest highways in the nation. Interstates 25 and 40 are among the quickest and most direct routes from New Mexico to California. Where these two roadways intersect is known by locals as the “Big I,” which is not a positive connotation. This crossroads is notorious for having some of the most frequent and severe crashes in the state. These roadways are dangerous enough without adding in distracted or speeding drivers, or those under the influence of drugs or alcohol.

Contributing factors in truck crashes

Most commercial truck drivers who must travel to California do so by way of New Mexico. The familiarity with the state does not decrease the odds of being involved in a traffic crash while traveling on its roadways. On I-25 and I-40, there are many long and lonely miles with very few rest stops for truckers. Add in these contributing factors, and it can spell disaster:

Distracted drivers are responsible for crashes that cause serious injuries deaths each year. The latest figures available for New Mexico attribute 167 fatalities to distracted driving and more than 21,000 crashes. Distracted driving is not just about texting or talking on the phone while behind the wheel. It can include setting your navigation system, finding a radio station, and eating food or drinking beverages.
Fatigue is another issue that can plague truck drivers when they are behind the wheel. Federal regulations, known as Hours of Service, dictate when commercial drivers must rest and take breaks.
Unfamiliar roadways can complicate driving a big rig. Even drivers who are using a GPS system to help them navigate can become confused. GPS systems also can lead to distracted driving.
Speeding is a contributing factor in many vehicle accidents in New Mexico, and not just the ones involving trucks. The state is unique in that it does not force a lower speed limit for tractor-trailers on roadways. The heavier the truck, the more difficult it is to stop quickly when traveling at high speeds.
Weather changes frequently in New Mexico. One minute it can be hot with the sun glaring through your windshield, and the next it can be stormy with flash flooding.

Higher standards, harsher penalties

Commercial drivers are held to higher standards when it comes to safety on the roadways. Additional skills and expertise are needed to operate big rigs. Truck drivers are expected to strictly adhere to federal safety regulations dictating when they must take breaks from driving. If they are caught violating federal safety standards, the penalties are severe. It is not just the drivers who are accountable when crashes occur. Drivers (and their trucks) can be placed on lockdown and they may face fines from local and state law enforcement. The Federal Motor Carrier Safety Administration (FMCSA) also can levy civil penalties on a driver or carrier from $1,000 to $11,000, depending on the severity of the incident. Trucking companies and shippers who have hired independent owner-operator truck drivers to move their freight are financially and legally responsible as well, especially if failure to follow guidelines causes an accident.

There are some rules truck drivers must follow regardless of whether the state they are traveling through has similar laws on the books. For example, the FMCSA does not permit commercial drivers to use a cell phone while driving. Only wireless Bluetooth earpieces can be used while a truck is in operation. Some commercial trucking companies go so far as to require drivers to submit to regular alcohol and drug screenings.

Truck drivers are not always at fault in an accident. However, they are scrutinized more closely due to federal regulations. In addition to losing their commercial license for infractions, they also can be personally liable for any injuries or property damage caused due to negligence or failure to follow federal safety guidelines.

How is fault determined in a truck crash?

Whether you are a commercial driver involved in an accident or an injured party, determining fault is crucial if legal action is pursued. Commercial trucking companies can leverage a multitude of resources to defend against personal injury lawsuits involving their drivers. Independent owner-operators may not have that advantage.

Police reports and any citations issued at the scene of an accident carry the most weight when assigning fault in a truck crash. On-scene police investigators conduct an official investigation which can include talking to witnesses and all parties involved. Sometimes blame is obvious and due to factors like excessive speed or driving under the influence. Reports from insurance adjusters also are factored into the decision.

Choosing the right representation

Choosing the right representation can make all the difference in your truck crash case in Albuquerque, New Mexico. Whether you are a driver who needs to defend against charges after an accident, or a victim who was injured, Cameron & Russell can help. We have extensive experience in both criminal defense and personal injury. Give us a call at 505-218-7844 or drop us a line and a member of our team can schedule your no-obligation consultation.

Zoom Lawyering 101: Avoiding the (Cat Face) Pitfalls

Written by Brandon Herrera on April 9, 2021. Posted in Uncategorized. No Comments on Zoom Lawyering 101: Avoiding the (Cat Face) Pitfalls

It was the meow heard round the world. By now, we have all heard about the unfortunate incident involving a Texas lawyer who showed up for court via Zoom looking like a cat. Unbeknownst to the attorney, the laptop he borrowed for his Zoom court appearance had a filter turned on that morphed him into a cat. He had no clue how to make it stop, forcing him to make his formal announcement on a case in the 394^th looking like a kitty.

At least the judge presiding over the case had a sense of humor about the situation. He tried talking the attorney through the process of removing the filter that was making him look like a fluffy, cuddly kitty to no avail. When that was unsuccessful, the judge tweeted about the incident, advising lawyers how to make sure they put their best face forward in the Zoom courtroom.

Zoom and other video conferencing tools have boomed since the COVID-19 pandemic forced the world to conduct business differently. The technology is a great resource for helping with due process, but it is not without pitfalls. While some in-person court appearances have begun resuming, others still are conducted via video conferencing as the need arises. Knowing how to conduct yourself online – and where the “filter off” button is – can save you from making an embarrassing gaffe during your next virtual court appearance. Here are some guidelines that can help.

Mute that microphone

Unmuting is the new “reply all” of video conferencing. It is one of the quickest ways to embarrass yourself if you are unaware you have a hot mic. Most video conferencing tools allow participants to turn off their microphones. Some even make it the default, forcing you to manually turn it on when you are ready to speak to others on the call. Going one step further and turning off the video also is an option. If you are presenting in virtual court and the judge requires the video to be on, then you can turn it on when it is your turn to speak. If you are unsure how to adjust these settings, here are some quick tips on how to do it.

Zoom makes it easy to control your camera and microphone. Once you are logged in to your account, go to Settings > Audio > Mute Microphone and Settings > Video > Turn Off Camera when joining the meeting. Once you are in the meeting, you will see a microphone and video icon at the bottom of your screen that allows you to easily turn them on or off as needed during the live video conference.

Zoom meeting, cat zoom filter — Judge Roy Ferguson had a little fun with the “cat-faced lawyer” on Twitter following the filter gaffe.

Select a virtual background

With more people conducting business from their homes these days, there is always a question about what is showing up in your background while on camera. If you wish to protect your privacy – or just hide your messy workspace – Zoom has a great feature called Virtual Background. Zoom provides a few pre-loaded options to use. You also can upload your photos. Using a free photo service like Pixabay or Pexels can help you locate appropriate background photos for uploading. We recommend sticking with photos that are not “too busy” to cut down on pixilation issues. You want the background to look natural without going overboard.

To access the virtual background feature, go to Settings > Virtual Background and then choose a pre-set background or upload your own. Then you click on the background you prefer and – voila! – your personal space is instantly transformed into however you want it to look to others on the call.

Using filters the right way

It is important to note that the unfortunate cat lawyer look was not due to a filter within Zoom. It was a separate filter installed on the laptop the attorney had borrowed. That is why when the judge was trying to walk the attorney through the process of turning off filters within Zoom, it was not resolving the issue.

Zoom offers filters if you wish to use them. They can come in handy if you are not confident with your appearance on camera for any reason. If you would like to give Zoom’s filter feature a go, here is how to access it. When you are in a live meeting, you will see an up arrow next to the “Start Video” option on your screen. Click the up arrow, and then select Video Settings. Under My Video, you will see a box that says, “Touch Up My Appearance.” Check that box and Zoom will automatically adjust the way you appear on the screen.

Zoom Screen Share — Zoom allows you to share your screen with other participants.

Sharing your screen

This is a helpful feature that allows Zoom participants to show others on the call what is displaying on their computer screens. In a virtual court scenario, it could be used to present documentary evidence. It makes it much easier for all participants if they can view the documentation as displayed on your screen.

Sharing your screen is easy in Zoom. At the bottom of your display, you will see a green button with an up arrow that says, “Share Screen.” Once you click on the button, you will be given the choice to share your entire monitor or just one open window or program. Select whichever option is most appropriate. If you will be going back and forth between different documents, it is recommended to share your monitor for ease of use for all participants.

Once you are finished sharing your screen, be sure to click the same button again at the bottom of your screen. This time, it will say, “Stop Sharing.” Be advised that if you fail to stop sharing, your screen will continue to be visible to all participants, which opens its risks of embarrassment in front of your legal peers.

Recording the session

Zoom allows participants to record the session for use later. You can record it and download it directly to your computer or the cloud. There are some limitations to this feature. Recording only works on a desktop or laptop, not mobile devices like cell phones. Recording to the cloud is only available to premium Zoom customers.

Another limitation with this feature is the meeting host can restrict the ability of other participants to record without first asking for permission. If you try to record the meeting and the host has restricted it, you will see a pop-up notice saying you must “click here” to request permission from the meeting host to record. Keep in mind the host can deny your request to record.

A final word on legal Zooming

These are just a few tips those in the legal profession will find helpful during Zoom hearings and proceedings. It is never a bad idea to sign up for a Zoom 101 webinar or another online course to learn more ins and outs of the video conferencing platform. Even as the legal profession returns to some semblance of normalcy, virtual hearings and other proceedings are not going to simply stop. There will be times when they are appropriate, so it is best to sharpen your virtual court skills so yours is not the next meow going viral on social media.