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Question: Can inmates sue for injuries that occur on NMCD premises as a result of the negligence of NMCD and/or its contractors? Answer: Yes, Inmates the same rights as others to file a personal injury claim due to the negligent operation and maintenance of NMCD facilities New Mexico Tort Claims Act Claims and lawsuits against…
New Mexico Injury Attorney Blog
Las Investigaciones de Accidentes de Camiones deben Comenzar de Inmediato
Los acusados corporativos en demandas por lesiones personales pueden ser extremadamente poco cooperativos y evasivos. Después de todo, el pago de reclamos no se ajusta a su modelo lucrativo. En casos de accidentes de camiones, el nivel de obstrucción en ocasiones se elevará al nivel de deshonestidad y engaño. Este es un problema a nivel…
Hazardous Crosswalks/Pedestrian Accidents in New Mexico
The Centers for Disease Control (CDC) found that in 2017 alone, 5977 pedestrians were killed in traffic accidents and another 137,000 were treated in emergency rooms. Pedestrians are much more likely to be killed in an auto accident than anyone in the vehicle. The risk is greatest among the elderly and children. There are a…
Cumplimiento, Seguridad, Responsabilidad (CSA)
El Sistema de Medición de Seguridad (SMS) de la Administración Federal de Seguridad de Autotransportes (FMCSA) afirma: “Hay 5 millones de conductores de camiones y autobuses que comparten la carretera con más de 250 millones de automovilistas. Con apuestas tan altas, es esencial que todos obtengan Road Smart. No podemos hacerlo sin usted “. El…
Medical Personnel in NMCD Face Challenges in Claims for Failed Response to COVID-19
Question: Do medical providers working in New Mexico Corrections Department (NMCD) correctional facilities have possible legal claims for lack of preparation and response to COVID-19? Answer: Its possible but they would be very difficult with a number of challenges. Summary: Medical personnel, typically working under contract with a third-party company, are faced with a few…
NMCD Guards and Staff: Legal Claims for Lack of Preparation and Response to COVID-19
Question: Do New Mexico Corrections Department (NMCD) correctional guards and staff have possible legal claims for lack of preparation and response to COVID-19/Coronavirus? Answer: Perhaps but it depends on the whether the measures below were taken by NMCD and its medical provider. Summary: Guards and staff will not be able to sue NMCD or the…
New Mexico Corrections Department Unfit to Handle COVID-19 Crisis
Question: Is New Mexico Corrections Department (NMCD) fit to handle COVID-19 (Coronavirus) in its facilities? Answer: As with any question dealing with the competence of NMCD or its contractors, this was purely hypothetical. Of course, they are not. NMCD cannot handle basic medical care under the best of circumstances. As COVID-19/Coronavirus pandemic spreads throughout the…
Utter Indifference and Incompetence at NMCD Endangering New Mexicans
Question: Is the New Mexico Corrections Department (NMCD) of taken appropriate precautions to protect against spread of Coronavirus in the prisons? Answer: Of course not. That was a purely rhetorical question. NMCD can never be counted on to do the right thing nor can the people of New Mexico expect even a nominal level of…
Legal Claims for Bad Faith or Malicious Reporting of Child Abuse
FAQ: Can you sue for false reporting of child abuse. Answer: Yes you can sue for bad faith or malicious reports of child abuse but it will not be easy and there are critical deadlines that must not be missed. Qualified Immunity for Reporting of Child Abuse Bringing a lawsuit for deliberately false reporting of…
Driver’s Duty to Pedestrians
FAQ: What is driver’s duty to pedestrians? A driver in New Mexico has a duty to keep a proper lookout for dangers and hazards. This means a driver must pay attention to the road, other vehicles, dangerous road conditions and specifically pedestrians . The basic standard is a standard of ordinary care which in the…