premises liability | The Law Offices of Cameron and Russell

Picnic fun without the lawsuits

Written by bkwritingsupport on June 8, 2022. Posted in Personal Injury Case. Leave a Comment

June 11 is national corn on the cob day. It’s not the only food-themed national holiday this month. There are days for German chocolate cake, peanut butter cookies, and even strawberry shortcake. All of these are perfect picnic foods.

Picnics are part of summertime fun for many people. Avoiding the personal injury and premises liability lawsuits that can come with them isn’t difficult when you practice some basic safety guidelines.

Backyard parties and premises liability

Premises liability is the legal term for a property owner’s responsibility to take reasonable precautions to ensure the safety of guests and other visitors. If you ignore an issue, hazard, or danger that leads to the serious injury or death of someone on your property, you’ll be accountable under premises liability laws in New Mexico.

While it may make you feel like a Debbie Downer, it’s important to establish rules and make sure you guests follow them to ensure everyone’s safety. Here are some other things you can do to reduce your liability risk.

Choose physical activities wisely

Outdoor picnics lend themselves to games and other physical activities. Some are more dangerous than others and should be avoided if you want to avoid the possibility of accidents and injuries. Watersports and other swimming pool games can be fun, but they also increase the risk of someone getting hurt. It’s best to avoid these types of activities, especially if alcohol is involved.

Establish a safety perimeter

Most outdoor parties involve grilling food or having some kind of bonfire for roasting hotdogs and marshmallows. Establishing a safety perimeter around your grill can keep your guests safe and you free from lawsuits. Outdoor grilling accidents send thousands of Americans to the emergency room each summer. The numbers increase when those in charge of grilling indulge in alcoholic beverages until they’re drunk.

Whether your party guests are adults, children, or a mix of both, make sure you keep people away from the grill – or a bonfire – when it’s in operation. Make the grill or bonfire a “no-kid zone” and don’t make any exceptions. Lastly, keep people from horsing around near the grill or bonfire.

Install extra lighting

If your party extends into the evening hours, installing extra lighting can help prevent slip-and-fall accidents that lead to serious injuries. This precaution is especially important if you have a swimming pool on your property that guests can use during the festivities.

Lighting along areas that can be tripping hazards – patio pavers, sidewalks, stairways – should be a priority.

Limit guests to no more than 2 alcoholic beverages an hour and cut off anyone who appears visibly drunk.

Limit alcoholic beverages

Any time you introduce alcohol at a party, you open yourself up to liability issues. Guests who don’t know when to stop drinking can become belligerent and injure themselves or others. If you own a swimming pool, drinking at picnics and other gatherings can increase the risks of one of your guests drowning, or slipping and falling poolside.

Limiting or completely excluding alcoholic beverages from your party can reduce your liability risks. If you just can’t go without alcohol, be willing to cut off your guests if they run the risk of becoming so drunk it affects their judgment and everyone’s safety.

Practice food safety guidelines

Swimming pools and other outdoor hazards aren’t the only things you must monitor closely when hosting a summer picnic or outdoor party. If you plan to serve food, you’ll want to make sure you follow food safety guidelines to avoid giving any of your guests food poisoning. As a rule, you should:

Avoid cross-contamination when preparing foods, especially foods on the grill. Never use the same utensils for cutting or priming meats and other food products.
Keep cold foods cold by placing them in a cooler with ice. Store it at 40 degrees Fahrenheit or lower to prevent bacteria growth. Make sure cooler lids stay closed to maintain ideal temperatures.
Keep hot foods hot by wrapping them well and placing them in an insulated container. Hot food must be kept at around 140 degrees Fahrenheit. Never let it sit out for more than 2 hours (1 hour if the temperature is 90 degrees or higher) without refrigerating.
Use a food thermometer to ensure you’re cooking meats and other raw foods to a safe temperature for consumption.

How to handle negligent party hosts

If you attend a backyard party or picnic and the hosts fail in their duty to provide a reasonably secure environment, you can discuss your legal options with one of our experienced premises liability lawyers. Give us a call at 505-218-7844 or request your free case evaluation online.

How to Prevent Auto Accident Injuries

Written by bkwritingsupport on May 3, 2022. Posted in Personal Injury Case. Leave a Comment

Auto accident injuries can be life altering. They cause death, serious injuries, and trauma to more than 2 million Americans each year. Defensive driving can help protect you from ever getting into an automobile accident. Sometimes, however, it’s not enough to avoid a collision with another vehicle or pedestrian.

It’s difficult to prevent auto accident injuries. There are some steps you can take to reduce the likelihood of becoming a victim. Here are some proactive steps you can take to protect yourself every time you get behind the wheel.

Help prevent auto accident injuries by maintaining your vehicle.

Maintain your vehicle

Automobiles are complex machines. Newer vehicles can be even trickier because they contain more electronic components that their predecessors. Keeping your vehicle in proper working order can prevent accidents that cause serious injuries to you and others.

Every vehicle comes with a recommended maintenance schedule from the manufacturer. If you bought a used vehicle that didn’t come with one, you can find a copy online. Some things require the assistance of a car mechanic. Others you can do on your own, including:

Check oil levels, adding more if you’re low.
Evaluate the air pressure in your tires.
Test your windshield wipers and top off your wiper fluid.

If you notice something amiss with your automobile, trust your instincts and schedule a check-up with your mechanic.

Never drive impaired

Driving while under the influence of alcohol or controlled substances doesn’t end well for most people. A recent DUI report for New Mexico indicates law enforcement made 289 arrests for every 100,000 drivers in the state. The numbers earn the state a DUI severity score of 7 out of 10.

Drinking alcohol or taking controlled substances – including legally-prescribed medications that can affect your judgment and reflexes – should be avoided when you know you have to drive.

Obeying traffic laws designed to protect you, other drivers, and pedestrians can help prevent auto accident injuries.

Obey traffic laws

It can be tempting to coast through a stop sign or drive over the speed limit if you think it’s safe to do so. Breaking the rules of the roadway increases your risk of being in an automobile accident, especially if you get in the habit of doing so.

Traffic laws exist for a reason. They protect you, your passengers, other motorists, and pedestrians. If you have an accident and the police discover you violated driving laws, you might get fined or lose your license. A police report noting your fault also can be used against you in a personal injury lawsuit.

Pay attention to your surroundings

Paying attention to your surroundings can help prevent auto accident injuries by reducing the likelihood you’ll be in an accident in the first place. If you’re on a busy roadway, frequently check your mirrors to note the positioning of other vehicles. While no accident is 100 percent preventable, defensive driving techniques offer protection.

Some common tactics you can use when behind the wheel include:

Follow the 2-second rule when behind other vehicles.
Plan an escape route if you observe driving dangers.
See and be seen by other drivers.

Cell phones are the number one reason for distracted driving. Prevent auto accident injuries by staying off your phone while behind the wheel.

Stay off your cell phone

Distracted driving is the most common reason for auto accidents. Talking and texting on cell phones is by far the most cited reason for becoming unfocused behind the wheel. According to the National Safety Council, 26 percent of all vehicle crashes involve cell phones.

Cell phones should be for emergency use only while behind the wheel if you hope to prevent auto accident injuries. Calls and texts can wait. If you must check your messages or answer a call, safely pull off the roadway first.

Wear your seat belt

Always wear your seat belt to help prevent auto accident injuries. New Mexico requires all drivers and their passengers to buckle up while the vehicle is in motion. All children up to age 7 must ride in a child safety seat suited to their age and weight.

According to the most recent data from the National Highway Traffic Safety Administration (NHTSA), 47 percent of people killed in automobile accidents were not wearing their seat belts. Some people mistakenly think if they have air bags that they don’t need to buckle up. The force from an air bag deploying can cause serious injury or death without a seatbelt to keep you in place in your seat.

The only thing worse than not wearing a seatbelt is wearing one improperly. Check out this step-by-step tutorial on how to secure your seatbelt as the manufacturer intended.

When you can’t prevent auto accident injuries

You can be the best driver in the world and still find yourself in an accident. If you are injured because of someone else’s carelessness behind the wheel, you have recourse. Consulting with an experienced personal injury attorney can get you fair compensation for your injuries. Contact us today to schedule your free case evaluation.

The Grinch Who Sued on Christmas

Written by bkwritingsupport on December 16, 2021. Posted in Personal Injury Case. Leave a Comment

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 bkwritingsupport on November 18, 2021. Posted in Personal Injury Case. Leave a Comment

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 bkwritingsupport on November 7, 2021. Posted in Personal Injury Case. Leave a Comment

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.

Slip and Fall? Follow These 5 Steps.

Written by bkwritingsupport on October 4, 2021. Posted in Personal Injury Case. Leave a Comment

We would all like to think we are graceful and skilled enough to stay on our feet regardless of the conditions. The sad fact is, slips, trips, and falls account for the majority of injuries in the workplace and other public spaces. Sometimes these unfortunate accidents are due to own carelessness. Other times, they happen thanks to the neglect of others who failed to keep publicly accessible areas well-maintained. From crumbling sidewalks to wet floors without posted warning signs, if someone else’s negligence contributed to your slip-and-fall accident, contacting a personal injury attorney is one of the first steps you must take to protect your rights.

How premises liability plays into slip-and-fall accidents

Premises liability dictates that buildings, homes, parking lots, walkways, and any other areas accessible to the public must be maintained to ensure safe travel. This means salting icing walkways and repairing uneven sidewalks or crumbling concrete stairs before someone falls on them. Property owners who fail to abide by premises liability laws in Albuquerque open themselves up to a personal injury lawsuit if someone slips, trips, or falls and suffers serious injuries. Victims of slip-and-fall accidents can seek compensation for their medical bills, lost wages, and pain and suffering. It pays to make sure your property meets all safety standards to avoid this costly mistake.

If you are the victim of a slip-and-fall accident, you must take the following five steps to ensure the best possible outcome if you decide to file a personal injury claim against the property owner.

Slip-and-fall accidents can cause TBIs and other serious injuries.
Photo by **Anna Shvets** from **Pexels**

Step 1: Seek Medical Treatment

Depending on the conditions that caused you to fall, you may have a simple wound like a sprained ankle or something more serious like a Traumatic Brain Injury (TBI). Your priority is to receive medical care for your injuries before all else. In addition to receiving the proper medical treatment for your physical trauma, your medical provider also can document your injuries, which includes details about how they occurred. Your medical records play a vital part in a successful personal injury claim. Validating when – and how – the damage occurred is part of the evidence your personal injury attorney will need to file your claim.

Step 2: Call a Personal Injury Attorney

Once you are examined by a medical professional and your injuries are documented and treated, your next call should be to a personal injury attorney. Even if you are unsure yet whether you plan to sue, consulting a personal injury lawyer immediately as soon as possible is the best course of action. Personal injury attorneys experienced in premise liability can handle the complexities that come with proving your case. Bringing a skilled attorney on board early guarantees you the guidance needed to gather all documentation and information you will need to win damages in an out-of-court settlement or through a jury award if your case goes to court.

Step 3: Report Your Accident

It may seem like this should be the first step, but when you suffer injuries in a slip-and-fall accident, the most important thing is to receive prompt medical attention. Whether the incident happened while shopping at the grocery store or walking down a public sidewalk, you must alert the property owner about the incident. If the place where your slip-and-fall accident occurred is a public facility, ask the management for acknowledgment in writing that you reported your injuries to them and detailed how they happened.

Step 4: Gather Documentation

This is something your personal injury attorney can help you do. As a rule, you will want to gather the names, addresses, and contact information of all potential witnesses to your slip-and-fall accident. Another critical piece of evidence is photos of the scene of the accident. If you fell on a poorly maintained surface like an uneven sidewalk or crumbling staircase, taking photos of the area can help prove your case. Make sure you set aside the clothing and shoes you were wearing when you fell in case the property owner tries to claim that how you were dressed contributed to your accident. Write down as many details about what you were doing before you fell, including the date and time of your accident.

Step 5: Right to Remain Silent

The right to remain silent does not just apply to criminals. Victims of slip-and-fall accidents must decline to give any statements to the property owners or their representatives. Beyond notifying the property owner of your accident, victims are not obligated to speak to them further or provide any additional information. Unscrupulous property owners trying to cover their part in your slip-and-fall accident might try to trick you into taking on some of the blame. It is best to leave all official communication with the property owner to your personal injury attorney.

Working with an experienced slip-and-fall attorney

Working with a knowledgeable slip-and-fall lawyer offers the best outcome in your case. Bill Russell leverages his previous experience as an insurance agent specializing in property and casualty insurance to help victims of premises liability cases. Bill and his dedicated team can handle all the confusing paperwork, ensure filing deadlines are met and give victims the respect they deserve while handling their personal injury cases. Call 505-218-7844 or contact Bill online to schedule your free case revie

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