Wrongful Death

Oil and Gas Facilities Pose Significant Risks to the Public When Not Properly Maintained

When thinking about oil and gas industry accidents most think about rig explosions and oil leaks. Injury to workers and environmental damage are assumed to be the most obvious consequence of these accidents. However, certain oil and gas industry issues have the potential to affect many different community members. For example, oil and gas storage…

Malnutrition and Dehydration in Nursing Homes

Dehydration and malnutrition have become so commonplace in nursing homes that many have called them “the silent killers.” According to a study by The Commonwealth Fund, 35 to 85% of nursing home residents suffer from malnutrition, and between 30 and 50% are underweight. Another study published by the Journal of the American Geriatric Society found…

When An Attorney Is (and Isn‘t) Necessary in a Work-Related Injury Claim

According to the Bureau of Labor Statistics 3.1 million nonfatal workplace injuries and illnesses were reported in 2010. A preliminary total of 4,547 fatal workplace injuries were reported for the same year. Most companies and employers in New Mexico are responsive to laws concerning job-related injuries. However, stories of how companies have refused to pay…

Change In Evidence Requirements For Dram Shop Claims

New Mexico Dram Shop laws were enacted to assign liability to persons or establishments who serve alcohol to a visibly intoxicated person. If the intoxicated individual later causes personal injury or property damage because of their intoxication–say by driving drunk–the establishment can be found liable for serving them alcohol. Under the New Mexico Dram Shop…

New Mexico Supreme Court Limits Tribal Sovereign Immunity in Casino Dram Shop Cases

In New Mexico, and other states for that matter, Indian tribes and pueblos retain sovereign immunity. This generally means that suits against tribes and pueblos, including personal injury and wrongful death claims, must be brought in tribal court. However, under the Indian Gaming Compact, tribes have given up sovereign immunity for suits involving personal injury…

Albuquerque Personal Injury Attorneys