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.

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.

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 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.

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.

Dog bites can cause deep puncture wounds, infections, nerve damage, and lasting scars. They can also leave victims, especially children, afraid of dogs for years.

If you or your child was bitten or attacked by a dog in New Mexico, here is what to do, who may be responsible, and how New Mexico law handles these claims.

What to Do After a Dog Bite

1. Get medical care. Even small bites can become infected. A doctor can clean the wound, check for nerve or tendon damage, and evaluate the need for a tetanus shot or rabies treatment.
2. Identify the dog and its owner. Get the owner’s name, address, and phone number, and ask whether the dog’s vaccinations are current.
3. Report the bite. In Albuquerque and Bernalillo County, contact animal control. A report creates an official record and helps confirm the dog’s vaccination status.
4. Take photos. Photograph your wounds right away and as they heal, along with torn clothing and the location of the attack.
5. Talk to witnesses. Neighbors may know whether the dog has been aggressive before, which can be important to your claim.
6. Do not post about the attack on social media while your claim is open.

How New Mexico Dog Bite Law Works

Unlike some states, New Mexico does not have a dog bite statute that automatically makes owners responsible for every bite. Instead, a victim can generally pursue a claim in two ways.

1. The owner knew the dog was dangerous

If the owner knew, or had reason to know, that the dog had a tendency to bite or attack, the owner can be held responsible for the injuries it causes. This is sometimes called the “one bite rule.” The name is misleading, though. A prior bite is not required. Growling, lunging at people, prior attacks on other animals, or warnings from neighbors may be enough to show the owner was on notice.

2. The owner was negligent

Even without prior warning signs, an owner can be held responsible if they failed to use reasonable care to control the dog. Examples include letting a dog run loose in violation of leash laws, leaving a gate open, or failing to secure a yard.

Who Can Be Held Responsible?

• The dog’s owner, usually covered by homeowner’s or renter’s insurance
• A person caring for the dog at the time, such as a dog sitter or walker
• A landlord, in some cases, if they knew a tenant’s dog was dangerous and had the ability to address it
• A business that allowed a dangerous dog on its property

Dog bite injuries may also be part of a premises liability claim when they happen on someone else’s property.

What Compensation Is Available?

Depending on your case, you may be able to recover:

• Emergency care, surgery, and plastic surgery for scarring
• Future medical care and counseling
• Lost wages
• Pain and suffering and emotional distress
• Compensation for permanent scarring or disfigurement

Learn more in our guide to damages in New Mexico injury claims.

Frequently Asked Questions

How long do I have to file a dog bite claim in New Mexico?

Generally three years from the date of the bite. Special rules can apply to children and to claims involving government animal control or property.

Does the dog have to have bitten someone before?

No. Evidence that the owner knew about aggressive behavior can be enough, and an owner can also be responsible for failing to control the dog.

What if the dog belongs to a friend or family member?

Many people worry about this. In most cases, the claim is paid by the owner’s homeowner’s or renter’s insurance, not out of their own pocket.

What if I was partly at fault?

New Mexico’s pure comparative fault rule reduces your recovery by your share of fault, but it does not eliminate it.

Will the dog be put down if I file a claim?

A civil injury claim is about compensation for your injuries. Decisions about a dangerous dog are handled separately by animal control and local authorities.

Bitten by a Dog in New Mexico?

The Law Offices of Bill Russell represents dog bite victims and families throughout Albuquerque and New Mexico. Call (505) 218-7844 or contact us online for a free consultation.

This article is for general information only and is not legal advice. Every case is different. Reading this post does not create an attorney-client relationship.

No one likes to think about it, but you cannot argue with the facts. More than 5,000 U.S. workers died from work-related injuries in 2019 alone. Another 2.8 million workers suffered from nonfatal workplace injuries and illnesses.  Manufacturing jobs accounted for 15 percent of all nonfatal injuries and illnesses in the private sector.

What do you do if you are hurt on the job? Immediate treatment for injuries is a top priority. Calling a personal injury attorney who specializes in workers’ compensation law is the next step. Consulting with a legal professional as soon as possible is the best way to ensure you receive fair compensation for your injuries. Never agree to a settlement or payout from a workers’ compensation insurance company without first consulting an attorney.

Occupations with the highest risk

Of all the injuries recorded for 2019, 10 occupations accounted for 33.2 percent of all private-sector injuries and illnesses that required time off from work. The top three occupations with the most injuries per 10,000 full-time equivalents (FTE) workers are:

• Nursing assistants had the highest risk for injury or illness, with roughly 275 incidents. Nursing assistants, especially those who work in nursing homes and other skilled-care facilities, have the highest risk for an on-the-job injury. The kinds of injuries they experienced included back injuries, cuts, bites, and black eyes.
• Heavy and tractor-trailer truck drivers had the second-highest incident rate, at around 265 injuries for every 10,000 FTE workers. Sprains and fractures, slips and falls, repetitive injuries (carpal tunnel), and accidents were the four most common types of injuries truck drivers experienced while on duty.
• Laborers and freight, stock, and material movers were next in line for the most injuries, with around 260 total on-the-job injuries. Sprains and strains, back and spinal cord injuries, and fractures are among the most likely injuries for this profession.

The remaining professions rounding out the top 10 most prone to injury while on the job include light truck drivers, construction laborers, maintenance and repair workers, stockers and order fillers, janitors and cleaners (except maids and housekeepers), registered nurses, and retail salespersons.

When should I call an attorney?

Ideally, you should reach out to a personal injury attorney as soon as possible after a workplace injury. Even if you are still in the hospital being treated for your injuries, reach out. A top-notch personal injury lawyer like Bill Russell will come to you to conduct an initial consultation. Here are some of the top reasons why you should not wait to lawyer-up if you suffer an on-the-job illness or injury.

1. Your employer is trying to blame you for your injury or illness
   Under New Mexico law, an employer cannot try to blame you for a workplace injury to avoid escaping responsibility. Experienced personal injury attorneys understand the complexities of workers’ compensation cases and will speak up on your behalf if your employer tries to shift blame to avoid fairly compensating you for an injury or illness.
2. Your employer’s insurance company is trying to low-ball you
   Insurance providers are notorious for offering as little compensation for your injury or illness as possible. It is their job to protect your employer’s bottom line, and if you do not know what your injuries are worth, you may be tempted to accept less than you deserve. Bill Russell prides himself on standing up for victims. He will fight to make sure you receive a fair settlement and pursue your claim in court if necessary.
3. Your injuries are serious and life-altering
   Sometimes on-the-job accidents cause serious and sometimes permanent disabilities. You will need to make sure all future medical bills are covered, plus any lost wages if you are unable to return to work. An experienced personal injury attorney who knows the ins and outs of workers’ compensation can get enough compensation to meet your ongoing needs.
4. Your employer tries to claim pre-existing medical conditions
   If you have a pre-existing medical condition that affects the same part of your body injured in a workplace accident, your employer could try to argue you are not entitled to compensation. It is difficult to fight this kind of claim on your own. Consult with an attorney immediately if you believe your employer may try to make this claim to avoid responsibility.
5. You need to make a third-party claim
   Sometimes workers who are hurt on the job need to pursue both an employer and a third party to receive fair compensation for their injuries. For instance, if you are injured by a piece of equipment you were required to use for work that the manufacturer of that machine knew was faulty, you could pursue both the equipment manufacturer and your employer. When third parties are involved in a workers’ compensation case, things can get complicated in a hurry. Working with an experienced personal injury attorney is your best bet for a favorable outcome.

How long do I have to file a personal injury lawsuit in New Mexico?

New Mexico law affords victims up to three years from the date of the incident to file a personal injury lawsuit. The sooner you file, the better your chances of success. Most personal injury lawsuits for workplace injuries are settled out of court. This is the best possible outcome for victims so they can avoid a lengthy and stressful trial.

Ready to discuss your workplace injury to see if you qualify for additional compensation? Reach out to Bill Russell today to schedule a no-obligation consultation.  

No one likes to think that Fido could be responsible for their pain and suffering. After all, dogs are a man’s best friend (or so the adage goes). The truth is, dogs can and do bite, sometimes leading to serious injuries. Roughly 4.5 million dog bites happen each year in the U.S. If you are bitten by a dog – even one familiar to you – it is critical to discuss your options with a personal injury lawyer. Injuries suffered from dog bites can have lasting effects on your health and well-being. A personal injury attorney can review your rights under New Mexico law and discuss options to ensure you receive fair compensation for your injuries.

Why do dogs bite?

When it comes right down to it, dogs can bite for several reasons. Even normally friendly dogs can be provoked to attack under the right circumstances. According to the American Veterinary Medical Association (AVMA), here are some of the most common reasons dogs may attack.

• Stress. When dogs find themselves in an unfamiliar situation, it can cause anxiety. If they become stressed out enough, they can lash out at anyone near them.
• Defending their territory. Dogs may perceive threats where none exist. If they think you are threatening them, their puppies, their territory, or even their owners, they may attack.
• Illness. Animals cannot tell us when they are feeling unwell. Sometimes, they communicate their pain in the only way they know how – by biting.
• Playfulness. Dogs can nip and bite when they are playing with other dogs and their human friends. While it is a normal part of play for them, it does not mean you cannot receive a serious injury if it happens.

Ultimately, it is the dog owner’s responsibility to keep their pet under control. Proper socialization and behavior training can go a long way toward preventing dog bites.

Common injuries from dog attacks

Sometimes a nip from a furry friend barely causes a scratch. Other times, it may require stitches. Worst-case scenario, it may require surgery or other life-saving measures.

Some of the common injuries associated with dog bites include:

• Broken bones and skull fractures
• Facial injuries and lacerations
• Head and neck injuries
• Nerve damage
• Puncture wounds
• Rabies

If you are bitten by an unfamiliar dog and cannot determine if the animal is up-to-date on its vaccinations, you may be subjected to preventative treatment for rabies. This involves a series of shots to prevent the rabies virus from infecting you. Rabies shots require two doses, each with a different purpose. The first dose is a fast-acting rabies immune globulin injected near the site of the dog bite wound to prevent the virus from taking hold. Over the next 14 days, you will receive another series of shots aimed at building up your body’s natural immunity to the rabies virus. These are given as injections in the arm or leg. While they are not painful, it is inconvenient to go through the process since it takes several visits to a hospital or other medical practitioner who provides rabies treatment.

New Mexico dog bite law

New Mexico does not have a specific dog bite statute. There are ways for dog attack victims to recover damages for emotional, psychological, and physical pain and suffering.

New Mexico does not have laws that specifically address dog bites and attacks. That does not mean persons who are injured by dogs cannot recover damages. Injured parties have the option of pursuing a strict liability case against the dog’s owner. New Mexico’s supreme court ruled in 2009 that dog owners are strictly liable for any injuries their dogs cause if they know or should have known their dog(s) tended to be vicious.

One of the only exceptions to existing case law is an injured party who deliberately provokes a dog and is then attacked by the dog. If the defendant can prove their dog was intentionally aggravated, the plaintiff will have a difficult time recovering any damages.

How much money can you get if a dog bites you?

How much money you can get if a dog bites or attacks you depends on the seriousness of your injuries and other mitigating factors. We can review the merits of your personal injury claim and advise you on what you can expect to receive in damages if your dog bite claim is successful.

According to the Insurance Information Institute, the average cost paid out for dog bite insurance claims in 2019 was $44,760. A separate study ranks New Mexico 35^th on the list of states with the most dog injury payouts. The most recent statistics available for the state cite 96 dog bite claims with an average award of just over $40,000 for each claim. That is $3.85 million awarded to victims in just one year.

Experienced dog bite lawyers in Albuquerque

As with most personal injury lawsuits, dog bite and dog attack cases often are settled out of court. This is good news for most victims, as it spares them the trauma of going through a court proceeding. Choosing an experienced dog bite attorney is your best bet in securing fair compensation for injuries and pain and suffering from a dog bite or attack.

Bill Russell is one half of the powerhouse team at The Law Offices of Bill Russell. Born and raised in Albuquerque, Bill is an experienced personal injury lawyer. He is focused on representing injured people and their families throughout New Mexico. His previous work as an insurance defense firm law clerk gives him insight into how insurance companies think, helping victims to navigate the complicated system to receive fair compensation for their dog bite injuries. Reach out to The Law Offices of Bill Russell today to schedule a no-obligation consultation to discuss your case.