When Is A Property Owner Responsible For Your Injuries?

Property owners have a responsibility to protect the safety of those who come on their property to the best of their ability. This means working to prevent hazards that can cause trips, slips and falls.

It also requires taking measures to prevent thefts, assaults and other crimes against those on your property, through proper security measures including lighting, cameras, alarms and security personnel.

Of course, providing adequate protection against fire and a clearly-marked, safe, accessible route out of the building if a fire or other emergency occurs is necessary as well.

If you’ve tripped or slipped and been injured by a fall on a premises, you may be inclined to blame yourself and your own clumsiness. However, it’s important to consider these issues:

  • Was there an uneven surface or change in elevation that wasn’t properly marked?
  • Was there a hole or other imperfection in the floor or carpet that caused you to trip?
  • Was the floor wet or otherwise slippery or sticky?
  • Was there adequate lighting to be able to see where you were walking?
  • Was there snow, ice, fallen tree branches or other weather-related conditions that should have been cleared?

If you or a loved one has been injured in a fall on a premises, whether public or private, and you believe that the injury could have been prevented by the property owner, renter or manager, you may find it worthwhile to consult with an experienced New Mexico personal injury attorney. He or she can help you determine whether you can and should seek compensation to help cover medical treatment, lost wages and other expenses that you’ve incurred.

New Mexico Teacher Arrested For Wrong Way Drunk Driving Crash

A 41-year-old New Mexico science teacher with two previous DWI convictions and another DWI arrest is facing charges once again for a crash in April that injured two teens on Highway 84/285 between Espanola and Santa Fe.

According to New Mexico State Police, the man was driving the wrong way in his pick-up truck on the busy highway near the Buffalo Thunder exit on a Friday night. An officer followed him, trying to get him to stop, but to no avail.

The head-on crash left the wrong-way driver, who teaches science at the Santa Fe Indian School, pinned under his truck. Officers allegedly found a bottle of whiskey in the truck.

The two young women in the other vehicle, a Volkswagen Passat, were transported to the hospital, where they were placed in intensive care. The driver of the Passat had to be pried out from behind the wheel with a chainsaw by first responders.

Dramatic police dash cam video shown captured the chain of events, including the truck going the wrong way, the crash and the recovery efforts.

The teacher was charged with two counts of DWI causing great bodily harm. He is currently under house arrest pending trial, except to go to work. It was not reported whether he has been suspended from his position at the school.

Both women would end up in intensive care, but would survive. Witnesses then told police what they saw happened.

No matter how carefully we drive, we can be helpless in the face of a drunk and/or reckless driver. Although an at-fault driver can face serious criminal charges for his or her actions, victims and surviving family members can also take civil legal action to seek compensation for medical treatment, lost wages and other damages. It’s wise to explore your options with an experienced New Mexico personal injury attorney.

 

Source: KRQE 13, “Santa Fe teacher accused of wrong way DWI crash,” Jeannie Nguyen, Sep. 14, 2017

Protect Your Kids From Dog Bites On Halloween

Halloween is one of the funnest nights of the year for kids. However, it can be scary and confusing for dogs. Hearing the doorbell ring for hours on end can send them into a frenzy. The opening and closing of the front door gives them ample opportunity to make a break for it and find out what’s going on.

Some dogs, unfortunately, get tied to a tree or fenced in on Halloween night, which can make them aggressive if they manage to break free.

That’s why it’s essential to be careful around any dog that you encounter while you’re trick-or-treating. A lot of dog bites occur on Halloween. Even a friendly neighborhood dog may not recognize your child behind a mask and costume, wielding a wand or light saber. It may think that you’re there to attack its family.

Dog guardians should take care to keep their dogs safely tucked away in their home where they can’t escape or even encounter visitors at the door. However, if you and your little ones run into a dog whose people have not been so responsible, there are ways to protect yourselves:

  • Don’t approach any dog, even one you know.
  • If you encounter a dog out with its person, ask before you or your children do any petting.
  • If you come upon a dog that is loose, don’t look at it. That’s considered a challenge in dog language.
  • If a dog knocks your child to the ground, instruct him or her to roll up into a ball. The face is often the first thing a dog will go for.
  • If a strange dog approaches, remember the instruction, “Be a Tree.” Everyone should stand still and be quiet. The more movement and sound a dog hears, the more it will be likely to attack.

If you or your children suffer a dog bite or attack, you should seek medical treatment. Dog bites can be particularly serious for children, who are more likely to suffer injuries to their faces than adults are. Then, it may be wise to consult with a New Mexico personal injury attorney who can help you seek compensation for any required medical care and other damages.

 

Source: 2 Dawg Nite, “9 Tips to Prevent Dog Bites on Halloween,” accessed Sep. 19, 2017

Maternal Mortality Rate Linked To Failures In Nurses’ Training

Many people may be surprised to learn that the mortality rate for women who give birth is higher in the U.S. than in any other affluent country in the world. There are many reasons for that, including, one could argue, a serious inequality in the care that women of different economic statuses receive. Maternal mortality rates, according to the Centers for Disease Control and Prevention, are highest among women who live in rural areas and those who are African-American.

Some 700 to 900 women lose their lives every year in this country during pregnancy or childbirth. Sadly, more than half of these deaths are preventable.

One reason, according to a study just published in MCN: The American Journal of Maternal/Child Nursing, is that postpartum nurses are not properly educated in the potential dangers to new mothers. Therefore, they’re not able to recognize what should be alarming symptoms or to tell their patients what symptoms are potentially dangerous.

These include headaches, breathing problems, heavy bleeding and painful swelling. While no woman feels physically comfortable just after giving birth, these symptoms can be indications of potentially serious and even fatal issues.

A survey of nurses found that on average they only spend about 10 minutes, if that, talking to new mothers about potentially dangerous symptoms. The survey also found that few nurses realized that heart failure accounted for over 25 percent of postpartum deaths.

Women are at least under medical supervision while they’re in the hospital. However, in the U.S., the average hospital stay for a new mother is just two days. Once they go home, they’re likely consumed with caring for their new child and paying less attention to their own health. If they don’t know what symptoms to be concerned about, they may not notify their doctors.

Numerous complications can occur before, during and after giving birth that can cause harm and even death to women. However, as noted, too often, this is preventable. If you believe that you or a loved one was not properly cared for by medical professionals during this crucial time, it’s wise to consult with a New Mexico personal injury attorney to find out what your legal options are.

 

Source: National Public Radio, “Many Nurses Lack Knowledge Of Health Risks To Mothers After Childbirth,” Nina Martin, ProPublica, accessed Sep. 14, 2017

Do You Know The Top Causes Of Truck Accidents?

On behalf of Law Firm of Alexander D. Crecca, PC posted in blog on Wednesday, September 13, 2017.

As you drive on the many highways throughout the state of New Mexico, you know that you will often be in close proximity to commercial vehicles, such as large trucks and buses.

It’s easy to believe that you will never be involved in an accident with a truck, but it’s impossible to know what the future will bring. Even if you are driving safely, a trucker may make a mistake that leads to a crash.

Here are some of the many causes of commercial truck accidents:

  • Reckless driving. From speeding to swerving, any form of reckless driving can cause a serious accident.
  • Lack of training. It’s not easy to drive a large commercial truck. Every trucker should receive the proper training before taking to the road.
  • System of compensation that promotes faster vehicle speed. When a trucking company pays more for getting the job done faster, it’s only natural for a trucker to speed.
  • Drowsy driving. Truckers are often on the road for many hours at a time. If a person neglects to take a break, it’s possible that he or she could fall asleep at the wheel.
  • Driving under the influence. Driving under the influence of alcohol, drugs or prescription drugs can increase the likelihood of an accident.

These are among the most common causes of truck accidents, but this is not a complete list. There are many other reasons why a trucker could strike your vehicle, thus putting you in a bad position.

If you find yourself dealing with the aftermath of a truck accident, your health and well being should always come first. You must also take the time to learn more about your legal rights, as you may be in position to receive compensation for your injuries and other damages resulting from the accident.

Why Nurses Are Increasingly Victims Of Violence

At hospitals here in New Mexico and across the country, nurses face workplace dangers every day, from lifting heavy patients to contact with contaminants. They’re also at risk of being the victims of violence.

We all recently saw the disturbing video of a Utah nurse who was violently arrested by police when she refused to take a blood sample from an unconscious patient. The perpetrators of violence can be patients, visitors and even other medical professionals. This June, a disgruntled New York City physician fatally shot another doctor and injured several others at the hospital where he worked before he shot himself to death.

The problem of violence against hospital personnel seems to be getting worse. According to the Occupational Safety and Health Administration (OSHA), from 2011 to 2013, close to three-quarters of all workplace assaults happened in health care facilities. In 2015, according to other government statistics, the rate of hospital workers injured was five times that for all private industries.

U.S. Bureau of Labor Statistics data shows that the rate of hospital employees intentionally injured on the job at the hands of another person is significantly higher than the rate across all private industries. In 2015, the most recent year available, there were 8.5 cases of injuries per 10,000 full-time hospital workers, versus 1.7 cases for all private industries.

Some of this violence is perpetrated by prisoners who are supposed to be guarded while in the hospital by correctional officers. Angry or distraught family members of patients, mentally ill people as well as people under the influence of drugs and alcohol can also present a danger. Some nurses have suffered sexual assaults.

While dealing with physical aggression and violence has long been viewed by hospitals as part of the job of being on the front lines. However, nursing advocates are increasingly working for legislation and other changes to help protect them. These include greater OSHA regulation, better staffing, stronger legal penalties for patients who attack hospital personnel and more training to help nurses learn to deescalate situations and spot signs that a patient could be violent.

Hospital workers have the right to expect their employers to provide adequate safety measures to help protect them from becoming the victims of violence. When a nurse or other medical professional is injured or killed at work, family members can and should determine what type of legal recourse they have.

 

Source: Peoria Journal-Star, “As hospital violence grows, nurses seek reforms,” Kate Thayer and Hannah Leone, Aug. 19, 2017

Reducing Your Chances Of Suffering A Dog Bite

The Centers for Disease Control and Prevention (CDC) reports that each year, about 4.5 million dog bites occur. Obviously, some bites are more serious than others. Only about 20 percent require medical attention. Infants and children are more likely to suffer serious or even fatal injuries than adults because of their small size and their likelihood of being near a dog’s mouth

While some types of dogs such as Pit Bulls, Doberman Pinschers and Rottweilers are perceived as dangerous, the way that a dog is treated has a lot to do with their propensity to bite. Dogs who are kept chained, for example, are more likely to bite or attack than those who are not. Further, dogs who haven’t been spayed or neutered are more likely to be aggressive. Nonetheless, a bite from a large dog is generally more serious than one from a Chihuahua or other small dog.

There are things that you can do to minimize your chances of being bitten. First, it’s essential to understand why they bite. Dogs have their reasons, even if humans don’t understand them. They may bite because:

  • They’re afraid.
  • They’re in a stressful situation.
  • They’re startled
  • They are protecting themselves, their owners or their puppies
  • They don’t feel well.
  • They get overly excited while playing.

If you understand why dogs bite, you can reduce the risk of injury. If you encounter an unfamiliar dog, particularly one who isn’t with a person, it’s best not to approach it. If the dog approaches you, remain still. Don’t scream, run or make eye contact. If a dog knocks you down, roll into a ball, covering your neck and ears with your arms.

No matter how friendly a dog is, don’t approach it when it’s sleeping, eating or with its puppies. Remember to let a dog sniff you before you pet it. Don’t give a dog any reason to fear you. Once it’s gotten your scent, it’s best to scratch it under the chin rather than pet its head.

Many people’s homeowner’s insurance policies cover dog bites. In fact, about a third of the claims paid out on these policies involve dog bites and other injuries caused by dogs. Therefore, if you are bitten or attacked by a dog and suffered an injury, it’s wise to seek legal advice to determine what your options are for seeking compensation to cover medical care and other expenses.

 

Source: Canine Journal, “Dog Bite Statistics,” Sara Logan Wilson, accessed Sep. 01, 2017

The Consequences To Hitting Protesters With A Car May Be Changing

The right to peacefully assemble and protest is one that Americans have long held dear. In recent months, we’ve seen millions of people exercise that right throughout the country on behalf of (and against) various causes.

Some protests are more peaceful than others. Tragically, in the recent protests in Charlottesville, Virginia, one woman was killed and 19 people were injured when a young man plowed through a group of people gathered to counter protests by white nationalists. The 20-year-old driver is facing second-degree murder charges.

For those in New Mexico who feel strongly about issues and leaders and want to exercise their right to peaceful protest, it may be disturbing to learn that state lawmakers in at least a half dozen states throughout the country have been working to enact legislation that would protect drivers who strike protesters in the streets from criminal and/or civil liability as long as those drivers are exercising “due care,” as one proposed bill puts it, to avoid hitting anyone.

None of the proposed bills has passed their individual state legislatures yet to become law. Some failed to make it out of committee. A bill passed in the North Carolina House, but has yet to be considered by the state senate. One of that state’s legislators expressed the thoughts of many who support this type of legislation when he said, “These people are nuts to run in front of cars like they do. If somebody does bump somebody, why should they be held liable?”

There are no reports of such legislation being considered here in New Mexico. However, it’s important to know what individual state laws are if you are going to participate in a protest, march or rally in another state, as many people do. It’s also essential to exercise caution, particularly if you’re on or near a street that hasn’t been closed to traffic.

These events can be chaotic, even when they’re peaceful. It may be difficult to determine who was at fault if someone in a crowd is struck by a vehicle. If you’re injured, it’s important to find out what your rights are. Even if the driver isn’t charged with a crime, you may be able to seek compensation in civil court.

 

Source: ThinkProgress, “Republicans in 6 states are trying to protect drivers who hit protesters,” Kira Lerner, Aug. 14, 2017

Unbuckled Back Seat Passengers Risk Serious Injury, Death

Next time your Uber or Lyft driver starts up the moment you get in the back seat before you’ve had a chance to buckle your seat belt, remember this statistic: in 2015, over 1,000 back-seat passengers were killed in car crashes.

Those statistics included renowned veteran newsman Bob Simon. A report last year by the Governors Highway Safety Association found that back-seat passengers triple their risk of dying in a crash if they don’t buckle up.

We’re approaching the 20th anniversary of the death of Princess Diana, who wasn’t wearing a seat belt in the back seat. The car in which she was riding was involved in a horrific crash in Paris while being chased by paparazzi. Two others in the vehicle, also unrestrained, were killed as well.

According to the Insurance Institute for Highway Safety, many people assume that they’re safer in the back seat than in the front, so they’re less likely to buckle up — particularly when they’re in a rideshare vehicle. However, the IIHS notes that an unrestrained back-seat passenger can slam forward into the front seat at some 35 miles per hour, also injuring or killing the person in that seat. An IIHS researcher notes that “the laws of physics aren’t suspended just because you’ve moved to the back seat.”

People have reported that they’re less likely to use a seat belt if they aren’t in the front seat if they’re traveling only a short distance. However, accidents can happen on short trips as well.

If you are injured in a crash while not wearing a seat belt, that doesn’t negate your right to take civil legal action against an at-fault driver. However, it may lower the amount of compensation you’re awarded, since you may be found partly responsible for your injuries.

If you’ve been injured or a loved one was killed while a back-seat passenger, don’t let anyone tell you that you don’t have the right to take legal action. However, don’t let any driver start on a journey, no matter how short, until you’re safely buckled up.

 

Source: USA Today, “Unbuckled in the back seat? You’ll become a human missile in a crash,” Sophia Tulp, Aug. 03, 2017

What Happens When A Drowsy Truck Driver Cause An Accident?

One of the leading causes of semitruck accidents is driver fatigue. Simply put, truckers adhere to rigorous schedules. The result is that they are often weary or sleepy when behind the wheel.

What happens, though, when a drowsy driver causes a collision? Is the truck driver liable? And what about the driver’s employer? Where, exactly, does the legal responsibility lie?

How vicarious liability works in a semitruck accident

In any personal injury case — where the negligently-acting or at-fault party was carrying out his or her job duties at the time of the collision — the legal doctrine of vicarious liabilitycomes into play. This ancient doctrine, stemming from the legal concept “respondeat superior” has been around since Roman times.

“Respondeat superior” — literally, let the master respond — refers to the fact that the employer in control of another individual should be liable for damages caused by that individual. If, for example, the employee causes a crash due to negligence during the course and scope of his or her employment, the employer will also be liable, vicariously, for resulting damages.

It’s because of vicarious liability, therefore, that the employer of a semitruck driver that hurts you should also appear as a defendant in any personal injury lawsuit that results from a car accident. On the other hand, vicarious liability might not come into play if a semitruck driver hurts you while he or she is taking an unauthorized break on the other side of town to do something completely unrelated to his or her employment.

Did an on-duty employee hurt you in an accident?

New Mexico residents who suffer injury due to the fault of a negligent employee may want to investigate the liability of the employer before moving forward with a personal injury claim. When a plaintiff adds an additional defendant — such as a company or business — to his or her lawsuit, it could serve to increase the chances of a successful financial recovery.

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    The Crecca Law Firm is located in Albuquerque and represents clients and takes injury claim cases throughout the entire state of New Mexico.
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