Martinez, Hart, Thompson & Sanchez, P.C.
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Albuquerque, New Mexico, Personal Injury Blog

Duty of care owed in premises liability cases

Visiting a local business or a friend's house should not be a scary experience. Fortunately, very rarely do people visit these places and find themselves in harm's way. Yet, sometimes property owners, including store owners and social acquaintances, fail to properly identify and/or remedy dangerous property conditions. This may include wet floors, torn carpets, and inadequate lighting, just to name a few hazardous conditions. Those who do wind up hurt on account of one of these conditions may be able to pursue a premises liability lawsuit against the property owner in hopes of recovering compensation for their damages.

In order to succeed on one of these claims, though, a victim must prove that a duty of care was owed, and that duty was breached. Oftentimes, the first step of this process is challenged, as the relationship between the property owner and the victim determines what duty of care may apply. For example, a property owner who invites another onto his or her property, which includes business owners and friends, owes an invitee a duty to reasonably assure that the property is safe. This may mean conducting routine checks of the property for hazards and correcting them in a timely fashion. When hazards are identified, invitees should be warned of them so that they can be avoided.

It's time to get serious about child abuse at school

When Albuquerque parents drop their kids off at school, they trust that their babies will be cared for by their teachers throughout the day. In most cases, schools take great care of our kids, but sometimes they don't.

Sometimes schools actually abuse our children, or they look the other way when our children are being mistreated. This kind of abuse and/or negligence can result in physical and emotional injuries.

A broken wrist can require extensive medical care

A car accident can leave you with one or more serious injuries. The exact injuries you suffer depends on the circumstances at hand, including the type of collision, the impacted area of the vehicle, the vehicle's speed, and even the position of your body at the time of the crash. One common type of injury suffered, though, is one that affects the hands and wrists. This may primarily be because drivers often have their hands on the wheel at the time of collision, at which time their hands are forced into the windshield or other part of the car.

A broken or shattered wrist is no small thing, either. It can disrupt your day-to-day life, and it can leave a person with the need for extensive medical care. In some instances, a broken wrist can be repaired simply with manual manipulation and a cast. However, this option is only available if the broken parts of the wrist are positioned in a way that allows a doctor to realign the bones.

Comparative negligence in New Mexico

Anybody can find themselves involved in a car accident. Sometimes, these wrecks are caused wholly by the negligence of another. In other instances, though, there may be more than one party to blame. Although this means that multiple personal injury claims may be brought against multiple individuals, it also means that the victim him or herself may be found to be partially at fault.

New Mexico law recognizes what is referred to as "pure comparative negligence." Under this legal theory, an individual's damages, if awarded, will be reduced by that individual's percentage of fault. Therefore, if a plaintiff is found to be 25 percent at fault, then a $5,000 award will be reduced by $1,250 to $3,750. If a plaintiff's fault is found to be more than 50 percent, or if his her or fault is more than another party against whom he or she has filed suit, then he or she may be disallowed from recovering damages.

Pedestrian accidents may be on the rise

Being the picturesque city that it is, Albuquerque sees its fair share of pedestrians and bicyclists. While taking to foot or bike can be a great way to get some exercise, enjoy the weather, and save money on transportation costs, it can also be extremely dangerous when motorists neglect their duty of care. In these instances, a car accident can leave victims with serious injuries. The worst cases result in death.

Making matters worse, these types of wrecks may be far more common than we care to think. In 2015 alone, which is some of the most recent data available, more than 5,300 pedestrians were killed in car crashes. Another approximately 820 bicyclists were killed in these accidents. Combined, deaths from bicycle and pedestrian accidents accounted for nearly 20 percent of all traffic fatalities. Deaths from these types of accidents seem to continue to rise despite falling overall traffic fatality rates.

We aggressively advocate wrongful death claims

Recently on this blog we discussed how heart attacks are diagnosed. This medical condition, as is the case with many diseases, can oftentimes be effectively treated when quickly and accurately diagnosed. In other words, competent medical care should lead to a favorable outcome, or at least one where the harm is minimized. Yet far too often in our society, individuals act negligently, resulting in harm being suffered by innocent people. Sometimes this negligence can lead to death.

When this happens, whether through medical malpractice, a car accident, or premises liability, a victim's surviving family can be left with extensive damages. In addition to the emotional toll that can be taken, these family members can face excessive financial losses. Medical expenses, funeral costs, and lost wages can destroy a family's financial stability, making it hard for them to figure out how to get by in the aftermath of their loved one's death.

New Mexico woman arrested after child seriously injured

For many New Mexico residents, their children are the center of their lives. These parents are willing to do everything within their power to ensure that their children are safe and financially cared for. Unfortunately, though, incidences occur that leave children harmed. Some of these incidences are nothing more than accidents, such as when a child is hurt while playing at recess. In other cases, though, children suffer serious injuries caused by child abuse and child neglect.

Many times, victims of child abuse and neglect are harmed by those who are entrusted to care for them. One example recently made the local news. An 11-year-old child was seriously injured while in foster care. According to reports, the foster parent claimed that the child was hurt while practicing soccer dives. However, medical professionals determined that the child's injuries did not correspond with the explanation given. The woman was therefore arrested and charged with multiple criminal offenses.

Traumatic brain injury treatment can be intensive and ongoing

It doesn't take much for a mistake made on the road or in the hospital to lead to devastating consequences. For many New Mexico residents, these incidences leave them with serious injuries. Among these injuries is a traumatic brain injury (TBI). Although most people are familiar with the term, and some may have knowledge about what the injury entails, fewer have a firm grasp of just how much work it takes to try to recover from a TBI.

Of course, the initial hospital stay following a brain injury can be quite extensive. A victim will likely need to remain in the intensive care unit for a period of time, where a ventilator may need to be used, as well as an EKG machine, catheter, and NG tube so that medication can be administered. However, this is just the start of the recovery process.

Wrongful death risks may be highest in the hospital

You know that accidents take lives. It's a risk you must face. Maybe you're a white-knuckle flier who can't wait for the plane to get back on the ground. Maybe you're constantly on the lookout for distracted drivers during your daily commute. Maybe you're worried about dangerous and defective products.

Where would you feel the safest? Maybe people would say that they're in the best hands in the hospital. You have medical professionals at your side, cutting-edge technology to help and the best care that money can buy.

How is a heart attack diagnosed?

Most New Mexico residents have been placed under extreme stress at some point in their lives. For some, stress can be accompanied by drastic physical symptoms, which may include headaches, difficulty sleeping, and an upset stomach. Others, though, may experience chest pain. Although this may just be a sign of stress, it might also be a symptom of a heart attack. Stress, while unhealthy over the long run, typically poses no immediate safety risk. A heart attack, on the other hand, can prove fatal.

Fortunately, with quick treatment, a heart attack may be stopped, thereby saving an individual's life. However, this speedy and effective treatment is wholly dependent upon an accurate diagnosis by a medical professional. The first step to accurately diagnosing a heart attack is identifying its symptoms. These symptoms may include chest discomfort, pain or discomfort of the arm, back, or shoulder, a feeling similar to heartburn, sweating, dizziness, shortness of breath, and a rapid heartbeat.

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Martinez, Hart, Thompson & Sanchez, P.C.
1801 Rio Grande Blvd NW
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Albuquerque, NM 87104

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