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How to Sue for Lawn Mower Injuries

Written by Brandon Herrera on . Posted in Deffective Product, Personal Injury Case. No Comments on How to Sue for Lawn Mower Injuries

Lawn mower injuries can be a surefire sign of spring. As soon as the flowers start blooming and the birds start singing, your grass starts growing, too. That leads to the annual firing up of the lawn mower for the first grass cutting of the season.

More than 35,000 Americans get hurt while mowing their laws each year. Most of these injuries happen when a mower’s feet contact a powered mower’s blades. Mowing while wearing flipflops or other open-toed shoes can increase the likelihood of this happening.

Many law mower injuries happen because of operator error. Others may happen because of a defective product or another person’s negligence. When the later occurs, you may be able to sue for your lawn mower injuries.

Defective product or operator error?

When a lawn mower causes a serious injury, the first question might be whether the mower was defective. Consumers who end up with lemons can file a product liability claim if their injuries were caused by a defective mower. There are two questions to ask when determining if the mower was functioning as intended.

  1. Did the mower malfunction?
    Lawn mower manufacturers design their products with safety in mind. Most mowers come with explicit instructions on how to operate them to safeguard your well-being. Consumers who follow the safety instructions and still become injured through no fault of their own should explore whether the mower malfunctioned. If so, they may be able to file a product liability claim against the manufacturer.
  2. Was the mower poorly designed?
    Sometimes a lawn mower’s design can contribute to injuries. Let’s say your mower comes with a foot guard that’s supposed to protect your feet from the mower’s blades during operation. The guard doesn’t work as intended, and you end up with significant injuries to your feet. In this case, the product designer may be at fault.
  3. Did operator error cause your injuries?
    Sometimes people are injured by lawn mowers they aren’t operating. How can this be possible? Well, let’s say you’re out for a leisurely walk through your neighborhood, when you get hit by a flying rock from your neighbor’s mower. If your neighbor had his mower’s deck turned toward the sidewalk, he can be at fault for your injuries.
Mowing in your bare feet is a recipe for disaster and can lead to some serious foot injuries.

What are some common lawn mower injuries?

Powered lawn mowers make yard work much easier. They may be useful, but they also can cause some serious injuries. Here are a few of the most common lawn mower injuries that happen each mowing season across the U.S.

  • Broken or fractured bones can happen if you try to mow while the grass is wet, and you slip and fall.
  • Burns are another way you can get injured. Powered lawn mowers get hot during operation. Accidentally touching the hood or other areas can cause serious burns.
  • Crushing body injuries can happen any time you operate a lawn mower. You could become trapped under the mower if it tips over, causing the crushing injuries.
  • Cuts and dismemberment can happen if you get your hands or your feet too close to the lawn mower’s blades while in operation. You can even cut yourself on the blades when the mower is turned off if you’re not careful.
  • Eye injuries can happen when the mower’s blades pick up debris (such as rocks) and throw them back at you. Wearing goggles while mowing can prevent eye injuries.

What steps do you take when injured?

Whether it’s a small cut or a broken bone, law mower injuries require immediate medical attention. Even small scrapes and abrasions can become infected without proper treatment. Going to your family doctor or the emergency room, if necessary, ensures you get the care you need. It also is the most effective way to document your injuries if you decide to move forward with a product liability or personal injury lawsuit.

After you receive treatment for your injuries, the next step is to consult with an experienced product liability or personal injury attorney. Bill Russell has the experience and knowledge to assist with your case. Call 505-218-7844 or contact Bill online to request a consultation.

Can You Sue More Than One Person?

Written by Brandon Herrera on . Posted in Personal Injury Case. No Comments on Can You Sue More Than One Person?

Personal injury claims sometimes require victims to sue more than one person. Car crashes are a perfect example of when it might be necessary to pursue personal injury claims against more than one person. Workplace accidents are another instance when multiple parties may be responsible for your injuries.

When you’re hurt by someone else’s negligence, it’s important to ensure you get the full amount of compensation afforded to you by personal injury law in New Mexico. Filing multiple claims can maximize your damages.

Hiring an experienced Albuquerque personal injury lawyer can help you determine whether more than one person is responsible for your injuries.

How to determine personal injury liability

Whether you are dealing with one party or two, proving personal injury liability by New Mexico personal injury law standards is the same.

To establish liability, your personal injury attorney must prove the responsible parties:

  • Owed you a duty to act reasonably.
  • Failed in their duty by acting negligently.
  • Caused your injuries because of their carelessness.
  • Produced damages through their negligence.

Let’s take the case of a car crash, where a manufacturing defect in the vehicle caused the driver to lose control and collide with your vehicle, causing you serious injuries. The at-fault driver admits to police investigating the accident that his car had been acting weird for a few days, but he failed to call a mechanic or the dealership to have it checked. In this case, you could sue the driver plus the car manufacturer if a true defect caused the accident.

Benefits of suing more than one person

The biggest benefit of suing more than one person when you suffer a personal injury is maximizing on your damages. Let’s go back to the example of the car crash with a defective car. That kind of accident could leave you with debilitating spinal cord injuries that cause paralysis. You would be unable to work and may accumulate millions of dollars in medical bills.

Suing all responsible parties for an accident of this magnitude ensures you get enough compensation to cover all your medical bills, plus any ongoing expenses related to a permanent disability.

Joint and severable liability with multiple defendants

Something to keep in mind if you decide to sue more than one person is the joint and severable liability laws in New Mexico. Joint liability means all defendants named in your personal injury claim are equally responsible for your losses. Several liability means the defendants are only responsible for a part of your losses.

Let’s take the car crash example again. You could sue the driver of the vehicle for causing the crash, and the driver could turn around and sue the vehicle manufacturer. When this happens, it’s called joint and several liability by the legal system.

You might be able to sue the driver and the truck company in a personal injury lawsuit stemming from a truck crash.

When to sue more than one person

New Mexico law allows you to recover damages from more than one person if you can meet the burden of proof in establishing each party’s liability. Working with an experienced personal injury attorney can help with determining whether more than one party shares responsibility for your injuries.

Here are some examples of when you might want to sue more than one person to maximize your chances of receiving fair compensation.

  • Truck crashes. If you are the victim of an accident involving a truck driver, you might be able to sue the truck driver and the trucking company for which he works. An example of when this tactic might be successful would be a trucking company pressuring one of its drivers to cut their required breaks short to make more deliveries. The driver falls asleep at the wheel and crashes into your car.
  • Slips-and-falls. Let’s say you slip and fall on an uneven sidewalk while shopping at a local retail outlet. The tenant knew the sidewalk was in ill repair and did not post a warning to shoppers about the hazard. The landlord failed to make the necessary repairs when notified by the tenant of the issue. You might be able to sue both the tenant and the landlord for your injuries since each played a role.

Hiring a personal injury lawyer can help

Living with temporary or permanent disability can affect your current and future earnings, plus rack up expensive medical bills. You want to make sure all parties responsible for your injuries share in the damages. Hiring a personal injury lawyer can help you determine who is at fault and how best to pursue personal injury claims against them.

Contact Cameron & Russell for a free case evaluation. They go the extra mile in personal injury cases to ensure you get fair compensation.

minimum limits insurance

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.

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.  

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.

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.

How to Avoid a Thanksgiving Lawsuit

Written by Brandon Herrera on . Posted in Personal Injury Case. No Comments on How to Avoid a Thanksgiving Lawsuit

Turkey? Check! Stuffing? Check! Pumpkin pie? Check! Lawsuit? Say what, now? That is not on the menu.

No one ever thinks about getting sued when they are busy preparing a tasty turkey feast for their friends and family. Yet, the risk is very real for hosts when they invite other people into their homes. From drunken driving accidents to choking on turkey bones, there is a host of things that can go wrong at holiday celebrations. Not to rain on your Thanksgiving-day parade, but hosts must consider the following steps to protect themselves against personal injury or wrongful death lawsuits during the holiday.

Preparing food for others

Whether you prepare the food yourself or order your holiday feast from a restaurant or caterer, there always is a risk for food poisoning claims from guests. Make sure all food you plan to serve is neither contaminated nor spoiled. Turkey should be heated to an internal temperature of 165 degrees Fahrenheit before it is safe to consume. If you prepare your turkey the day before, make sure you refrigerate it as soon as it cools to prevent spoiling. Follow proper food handling and storage protocol for all prepared foods. When in doubt about the safety of something, it is better to toss it out than risk making your guests ill.

Spoiled food is not the only mishap that can occur on Turkey Day. Choking always is a risk any time your guests consume foods, especially those like turkey that have bones. Be sure you or someone else in your home know how to perform the Heimlich Maneuver just in case.

Avoiding cuts, scrapes, and burns

Speaking of the kitchen, Thanksgiving gatherings center around preparing and enjoying food together. Keeping your guests out of the kitchen is the best way to avoid the kinds of cuts, scrapes, and burns that come with preparing food. If it is not possible to do so, then here are a few things you can do to protect them from injury and you from the liability:

  • Avoid wearing long-sleeved or loose-fitting clothing while cooking to avoid getting caught on appliances and other meal-preparation tools.
  • Limit the number of people allowed in the kitchen at the same time.
  • Keep flammable items away from hot surfaces.
  • Never fry a turkey indoors. Only use a turkey fryer outside to avoid fires and burns.
  • Turn pot and pan handles inward on the stovetop when in use.

Make sure you have a first aid kit on hand and well stocked in case any of your guests get injured. Band aids, gauze, medical tape, and tourniquets are some of the items to include in the kit.

Alcohol-related accidents and incidents

Some holiday hosts avoid serving alcohol in their homes because they do not want to assume the responsibility that comes with making sure their guests do not drink and drive. According to one report, New Mexico has the third-highest number of alcohol-related motor vehicle fatalities during the Thanksgiving holiday.

Driving while under the influence is not the only risk when serving alcohol at your Thanksgiving dinner. Guests who become drunk and belligerent may cause injury to others in your home. It is best to either limit the amount of alcohol served or forgo it entirely.

Slip-and-fall injuries

Slip-and-fall injuries are a concern for property owners any time of the year, but especially during the holidays, when more people may be visiting. Before your guests arrive, make sure to repair any uneven flooring or sidewalk surfaces and ensure there is adequate lighting for all spaces where guests might move about. Keep floors, sidewalks, and stairways dry and clear of debris to reduce slips and falls. Uncluttering is another excellent way to avoid someone getting injured while on your property. Make sure there is ample room to move in any spaces where guests will gather.

Know what to do if you suffer injuries

Thanksgiving hosts, it pays to know what you can be held liable for before you agree to bring guests into your home this holiday season. If you are a guest in someone’s home during the Thanksgiving holiday and you suffer a serious injury because of the host or another guest’s careless behavior, you have rights. Contact an attorney skilled in personal injury law to schedule a free consultation to review your case.

Stay safe, everyone, and have a Happy Thanksgiving!

Can I Sue for ADA Compliance?

Written by Brandon Herrera on . Posted in Personal Injury Case. No Comments on Can I Sue for ADA Compliance?

One in every four adults in the United States lives with a disability. Individuals with physical disabilities can sometimes encounter challenges maneuvering safely in public spaces. The Americans with Disability Act mandates that public spaces provide accommodations to disabled guests. However, loopholes exist that can allow some businesses and other public spaces to sidestep the law. ADA violations may not be enough to prove negligence on their own.

What recourse do disabled persons have when they suffer injuries because businesses and other public spaces do not meet ADA compliance? A premises liability lawsuit may be the answer in most cases.

What is premises liability?

Premises liability laws protect individuals from unsafe or defective conditions on someone else’s property. For instance, if a person trips and falls on a cracked sidewalk in front of a business and breaks their leg, the business owners can be liable for their injuries. Property owners have a legal obligation to fix or provide notice of dangers or hazards that can lead to injury. Failure to do so opens them up to personal injury lawsuits from injured parties.

Premises liability cases require the injured party to prove the property owner was negligent in their duty of care to maintain their property. The only time premise liability laws do not apply in New Mexico is when someone is trespassing on another person’s property.

ADA lawsuit vs. premises liability lawsuit

ADA lawsuits and premises liability lawsuits provide different outcomes. Disabled persons who do not suffer injuries but wish to force a business to become ADA compliant should file an ADA lawsuit. Most ADA lawsuits do not include settlements or rulings that provide the complainant with financial compensation. The usual outcome involves the business or public space ordered to become ADA compliant.

Premises liability lawsuits work best for individuals injured by a business’s lack of ADA compliance who seek fair compensation for their injuries. ADA compliance issues like damaged flooring, lack of handrails in the bathroom, and entrances without ramps all can lead to serious injuries of disabled patrons. However, victims who file premises liability claims should not consider their cases a slam dunk. Business owners must be aware of the hazard the ADA violation posed to be liable for injuries. Hiring an attorney skilled in premises liability law can help improve your chances of success.

Photo courtesy ADA Accessibility Standards Guidelines.

Ramps and curbs: the source of most ADA violations

Failing to install and maintain ADA compliant sidewalks and curbs gets a lot of businesses in legal hot water. Broken sidewalks, crumbling stairs, and steep curbs can cause injuries to mobile persons. They also can spell disaster for disabled individuals trying to access a business or other public accommodation.

ADA Accessibility Standards spell out where ramps and curbs must be installed to meet ADA compliance. The standards include measurements for each component of the curb or ramp.

Ramps and Curb Ramps

Ramps and curb ramps are required along accessible routes with changes in level greater than half an inch. The ADA permits platform lifts and elevators to be used alternatively. Accessible routes with slopes steeper than 5 percent must follow the same guidelines for ramps.

Slope and Cross Slope

Providing the least possible slope offers the best usability for both disabled and non-disabled users, according to the U.S. Access Board. Slope is the proportion of vertical rise to horizontal length. The recommended ratio is 1:12, or 8.33 percent.

Clear Width

There must be a clear width of 36 inches minimum between the handrails on a ramp. Width requirements accommodate the average size of a wheelchair, which is between 30 and 32 inches. Individual health and safety codes may dictate clear width that extends beyond the minimum.

Rise

Run height is limited to 30 inches maximum, but ramps may have as many runs as needed. Longer ramps with numerous runs can be difficult for people using manual wheelchairs and should be avoided if possible.

Landings

Every run must have level landings at the bottom and top. The ADA does not permit changes in level greater than 1:48 for landings. They also must be designed in such a way that water does not accumulate there, which can pose significant hazards to people using wheelchairs.

Other Specifications

The standards also cover required specifications for:

  • Doorways at landings.
  • Handrails.
  • Edge protection.
  • Wet conditions.

Property owners should review and ensure compliance to avoid becoming liable for serious injuries by disabled visitors.

Using premises liability to pursue ADA violations

When property owners fail to meet required obligations for equal access, disabled persons can and do end up with serious injuries. Cameron & Russell recently recovered $600,000 as part of a premises liability lawsuit. Our client in the case suffered horrific injuries when he fell out of his wheelchair because a walkway was blocked by a tractor-trailer. This is just one example of how we can help recover damages for disabled persons injured because of a property owner’s negligence. Call 505-218-7844 or request an appointment online to schedule your free case consultation.

When Your Doctor Makes an Honest Mistake

Written by Brandon Herrera on . Posted in Personal Injury Case. No Comments on When Your Doctor Makes an Honest Mistake

Unintentional injuries are the third leading cause of death in the U.S. According to the U.S. Centers for Disease Control and Prevention (CDC), 2.8 million people – roughly 869 deaths per 100,000 people – occur each year due to accidents. Medical errors made by physicians and other healthcare practitioners are included in those statistics. It can be unnerving to think that medical professionals who are supposed to help you could instead cause significant injury or even death.

Victims of medical errors or their surviving family members may wish to pursue medical malpractice claims against the healthcare providers responsible for their pain and suffering. Before seeking out the advice of a personal injury attorney that specializes in medical malpractice, learning the difference between medical negligence and medical malpractice can help determine if victims have a legitimate case.

Medical negligence vs. medical malpractice

Medical negligence is the legal term used to describe an “honest mistake” by a medical practitioner or healthcare team. Even the best and brightest medical professionals can make errors. While their medical misstep can cause injury or pain to the patient, it was not done with intent, so the legal system in New Mexico views it differently. Doctors and other healthcare professionals still can be held accountable for medical negligence.  

Medical malpractice is the term applied to the outcome of medical negligence. Sometimes doctors and other healthcare providers can make mistakes, but those errors do not cause pain or suffering to their patients. When a healthcare practitioner’s actions or inactions fail to meet the medical standard of care, and it causes significant injury or illness to their patient, it rises to the level of medical malpractice. Whether intentional or not, the physician or other medical provider is then liable for their actions. New Mexico law requires claims to meet the following criteria to be filed as medical malpractice:

  • The standard of care was violated. Patients have a right to expect medical care to be administered according to consistent medical standards.
  • The patient was injured due to medical negligence. Violating the standard of care is not enough to prove medical malpractice. Patients must also show they were injured or otherwise harmed by the negligent actions.
  • The patient must demonstrate significant damages. Medical malpractice litigation is expensive. Viable cases must show that a patient endured significant damages from injuries suffered from acts of medical negligence.

Examples of medical malpractice

When medical negligence rises to the level of malpractice, it usually involves one of the following situations.

  • A failure to diagnose properly. Misdiagnosing is a popular reason for filing a medical malpractice lawsuit. When healthcare providers misread or overlook symptoms and fail to diagnose a serious illness or injury, their patients can hold them responsible for any additional suffering they endure because of their failure to provide a correct diagnosis.
  • A mistake with anesthesia. Patients undergoing certain medical procedures must be placed in an induced state of consciousness to prevent feeling pain. Anesthesiologists can sometimes fail to administer the correct dosage, leaving patients to feel every incision made and procedure performed, but unable to alert doctors and nurses to their pain.
  • An error with prescription medication. Sometimes doctors prescribe the wrong dosage of a medication, or the wrong medication entirely. Prescription mistakes are another leading cause of medical malpractice lawsuits.

Can you sue for medical negligence?

In most cases, victims of medical malpractice can sue and recover damages either through a settlement or court action. They can receive fair compensation for:

  • Loss of wages, including future earning capacity, if medical negligence caused a temporary or permanent disability.
  • Medical expenses, including doctor visits, therapy, prescription medications, and any anticipated future medical interventions.
  • Pain and suffering, including for both emotional and physical pain.

In New Mexico, claimants must file before the statute of limitations expires. New Mexico law states victims have three years from the date the medical negligence occurred to file for damages against doctors and other healthcare providers.

Next steps for victims of medical negligence

Victims may be reluctant to file a medical malpractice claim, especially if they feel their doctor or other healthcare practitioner made an honest mistake and did not mean to cause them harm. Discussing the circumstances of medical negligence can help victims decide whether to pursue legal action. Choosing an experienced personal injury lawyer experienced in medical malpractice can offer the best outcome. Bill Russell has represented injured people and their families successfully for years. Schedule a hassle-free consultation to discuss your case by calling 505-218-7844 or contact Bill online.