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Historically, the state and federal governments were presumed to be immune from liability involving the negligence of government employees. Over time, however, this broad grant of immunity left many injury victims without any way to recover for their injuries, and the injustice of the rule became evident. Thus, the federal and state governments passed…

Recently, a state appellate court issued a written opinion in a personal injury case discussing an interesting issue that arises in many New Mexico personal injury cases. Specifically, the case required the court determine what standard the defendant’s conduct should be held to in determining whether he was liable for the plaintiff’s injuries. In…

When someone is injured while using a product for its intend purpose, they may be entitled to compensation for their injuries through a New Mexico product liability lawsuit. As is the case with other claims, there are several different types of product liability claims, and a plaintiff should know which claim they are bringing…

When someone is injured on another’s property in a New Mexico slip-and-fall accident, or other type of premises liability accident, the injury victim may be entitled to monetary compensation for their injuries. However, in order to succeed in a New Mexico premises liability lawsuit, a plaintiff must be able to establish the elements of…

In a recent federal appellate opinion, the court dismissed a plaintiff’s case against the U.S. government based on the plaintiff’s failure to timely file her case after her initial claim with the United States Post Office (USPS) was denied. The case presents an important issue for New Mexico car accident victims because it involves…

In many New Mexico car accident lawsuits, the case is actually defended by the insurance company that provided coverage to the at-fault driver. Indeed, one of the major benefits of obtaining sufficient insurance coverage is that, by virtue of the policy agreement, the company agrees to defend any claims against the insured.When it comes…

As a general rule in New Mexico personal injury cases, while an employer may be held liable for the negligent acts of an employee in some circumstances, companies are not normally responsible for the negligent acts of independent contractors they hire to perform work. However, there are certain exceptions to this, including when the…

Recently, a state appellate court rejected a plaintiff’s claim against a defendant employer after the plaintiff was injured in an accident caused by one of the defendant’s employees while the employee was on his way home from work. The case presents an interesting issue for New Mexico car accident victims who were injured in…

An insurance policy is essentially just a contract between the insured and the insurance company. The insurance company agrees to provide certain coverage, detailed in the policy, and the insured agrees to pay a stated premium. In some New Mexico car accidents, an insurance company’s obligation to provide coverage is clear. However, in many…

Recently, a federal court of appeals issued an opinion in a personal injury case that presented an issue that commonly arises in New Mexico slip-and-fall cases. The case presented the court with the opportunity to discuss whether a gas station could be held liable for the plaintiff’s injuries that were the result a slip-and-fall…