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In 1978, New Mexico lawmakers enacted the New Mexico Tort Claims Act (NMTCA) in an attempt to protect the rights of individuals injured by New Mexico government employees while still preserving the government’s ability to function without the constant risk of lawsuits. Lawmakers decided that the most efficient and practical way to take into…

A state court recently released an opinion in a premises liability case brought by a man who was injured when he grabbed a package of precariously placed insulation, despite a sign advising him not to reach for the items. The case is important for New Mexico premises liability plaintiffs because it illustrates how courts…

Dog bites and attacks can be truly traumatizing. The long-term effects of a New Mexico dog attack can include psychological, physical, and emotional damage. Managing oneself after a dog bite can be difficult because the victim may need to deal with severe physical damage, including scarring and surgery, and psychological issues. In addition, a…

Spa services are often considered a luxury that are designed to leave the recipient feeling relaxed and satisfied with their experience. Spa services vary greatly in terms of location, methodology, and intended effect. This can present a problem to clients who may not necessarily understand the experience or background of the particular esthetician. Moreover,…

Earlier this month, New Mexico’s Supreme Court issued an opinion regarding a complex dispute between a driver and an insurance company. The case was the subject of two jury trials and two appeals. Two specific evidentiary issues were appealed to the Supreme Court. Facts of the Case The case stems from a dispute between…

The United States Court of Appeals for the Seventh Circuit recently issued an opinion regarding a personal injury lawsuit brought against a popular coffee chain. The opinion is important for New Mexico accident victims to understand because it shows how the same standard can have different exceptions and ultimately different outcomes, depending on the…

Recently, a state appellate court issued a written opinion in a case involving a defendant-turned-plaintiff who claimed that his own insurance company failed to settle a case against him in bad faith. The case raises the broader issue, prevalent in many New Mexico car accident cases, of an insurance company’s duty to settle a…

Recently, a court issued an opinion in a recreational use injury case that may be applicable in New Mexico personal injury cases. In that case, the Supreme Court of Georgia ruled that summary judgment should be granted to a city-owned stadium after a six-year-old girl was injured after falling through the bleachers. Facts of…

Recently, a state court issued an opinion in a personal injury lawsuit filed by a tenant against her landlord, stemming from an incident in which the plaintiff was injured on the landlord’s property. The case presents an important issue that often arises in New Mexico premises liability cases. Specifically, it addressed what must be…

The United States Court of Appeals for the Tenth Circuit recently held that an injured woman’s lawsuit against a ski resort was properly dismissed because she signed an exculpatory waiver of liability. While the accident did not happen in New Mexico, plaintiffs bringing New Mexico personal injury cases may still find the principles relevant….