The Albuquerque slip and fall attorneys at Parnall Law Firm provide knowledgeable counseling and representation to individuals who have been injured by defective or dangerous conditions on another’s property. Since 1997, our lawyers have represented clients in personal injury claims, including premises liability cases. We can help you assert your rights against the property owner or other party responsible for your injuries. Contact our office today to discuss your case.
Defective property conditions cause a number of slips, falls, and other accidents each year. According to the National Safety Council, slips and falls accounted for 8.9 million emergency room visits in 2011. Many of these falls were the result of dangerous or defective conditions on the property, including:
Property owners are responsible for potentially hazardous conditions on their property. If they fail to repair or warn visitors of any defects, a person can suffer serious injuries as a result of their carelessness.
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Defective property conditions are often the result of a property owner’s negligence. If you are injured because of an unreasonably dangerous condition on someone else’s property, you can hold the property owner accountable for his or her negligence under the legal theory of premises liability.
As the plaintiff, you have the burden of proving the property owner’s negligence. Negligence is a person’s failure to perform an act that he or she is under an obligation to perform and which a reasonably prudent person would perform, in the exercise of ordinary care, to prevent injuries.
Property owners in New Mexico have a duty to visitors on their property. They must exercise care to keep their property safe. This obligation to exercise care includes maintaining the property in safe conditions and repairing any defects on the property, even if the dangerous condition is open and obvious. If a property owner fails to keep the premises safe and causes a visitor’s injuries, then the property owner is liable for damages that result from the harm.
If a third party harms a visitor, the property owner may be liable for injuries if there is a foreseeable risk that a third party would harm a visitor. The amount of care a property owner uses rises as the risk of danger increases. For example, if there is an uptick in the amount of criminal activity around the property, the owner must take measures to protect visitors from becoming victims of crime.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
Property owners generally do not owe a duty of care to trespassers on their property. The duty does, however, extend to children. Under the attractive nuisance doctrine, property owners have a duty to prevent injuries to children whom they know will, or may, trespass on the property because of an artificial condition. If the trespassing children are too young to understand the dangers posed by artificial conditions, such as a swimming pool, then property owners must take measures to protect them from unreasonable risk of injuries.
A property owner may allege that your lack of care contributed to your injuries. While your own negligence may have played a role in your injuries, it does not prevent you from recovering damages. New Mexico is a comparative negligence state. A court will compare your negligence to that of the defendant, and you can recover damages in proportion to your degree of fault, regardless of how much you were at fault for your injuries.
You can potentially recover damages for your injuries, including past and future medical bills, lost wages, pain and suffering, and more. You can initiate a claim for wrongful death if a relative suffered a fatal injury because of a defect on the property. You can recover for your loved one’s medical expenses, funeral costs, and other damages.
Bert Parnall and the Albuquerque slip and fall injury lawyers at Parnall Law Firm are prepared to fight for your right to compensation. Our attorneys have helped injured victims hold careless property owners accountable for their failure to correct dangerous conditions on their property. We can provide you with capable, individualized representation to help you get the compensation that is appropriate for your injuries. Call us at 505-985-5355 or complete our online form to schedule a no-obligation consultation today.
If you have been involved in a serious accident and sustained significant injuries, you need to consult with an Albuquerque personal injury lawyer to understand your legal options. After a serious injury accident, you will need to file a claim and deal with the insurance adjusters. The insurance company will try to minimize the amount it pays out in claims to protect its profit margin. It may deny your claim or offer a settlement that is a fraction of the fair value of the claim. A lawyer will help you understand your legal rights and whether you have a valid personal injury lawsuit.
A lawyer can collect evidence to strengthen your claim and negotiate on your behalf with the insurance company representing the at-fault party. A lawyer can push back if an insurer tries to deny your claim or take advantage of you. If the case goes to trial, an experienced personal injury attorney will know how to present your case to jurors to increase your chances of a favorable jury verdict.
Attorney Bert Parnall is a fighter. He and his legal team will fight for your legal rights if you have been injured in an accident due to the negligence of someone else in Albuquerque or anywhere in Central New Mexico.
An experienced personal injury lawyer brings a knowledgeable perspective to the process of negotiating with insurers and settling an injury claim. Based on years of experience handling similar claims, an attorney will have a sense of the fair value of your injury claim. Most accident victims are uncertain what their claim is worth. An attorney will analyze the facts of your case and provide guidance about whether an insurer’s settlement offer is reasonable based on the specifics of your case. If you have never dealt with a claim before, it may be difficult for you to know whether an offer is fair on your own.
The insurance company will have lawyers advising its staff during the settlement process. Having an attorney on your side and looking out for your interests evens the playing field. Insurance companies want to avoid going to court. The insurance company may agree to a higher settlement in order to avoid litigation if you have a lawyer advocating for you. If you do not have legal representation, you will be at a disadvantage in dealing with the insurance company.
You want a lawyer that has years of experience handling cases similar to your case and has a record of verdicts and settlements. Ask the lawyer what percentage of his or her practice involves the practice area that applies to your case. You want an established lawyer who knows the local court system and has the resources and determination to pursue your case to completion.
You want a lawyer with whom you feel comfortable communicating and sharing information. You want a lawyer who will listen to your questions and concerns and offer informative answers. You want a lawyer who will be accessible when you have questions and keep you informed of the status of your case.
You want a lawyer that has good references.
Steer clear of any attorney who promises or guarantees you a settlement or a certain outcome. No lawyer can ethically guarantee a certain result in a case.
To find an attorney, you may ask your friends, relatives or co-workers to recommend a lawyer who they have used. You can also schedule a free, no-obligation consultation with an attorney at Parnall Law to get an understanding of your legal options. The consultation will help you clarify your legal options at no charge whether you decide to work with our law firm.
The most common reason to hire a personal injury lawyer is to provide representation after a car crash caused by someone else that resulted in serious injuries. The law allows people who are harmed by others’ negligence to seek compensation. That is an adversarial process. It is helpful to have an experienced injury attorney standing up for you when dealing with an insurance company representing the at-fault party. The insurance company may dismiss or delay your claim if you do not have a personal injury lawyer representing you.
Other reasons to hire a personal injury lawyer include pursuing compensation for injuries caused by unsafe conditions at someone else’s property or protecting a loved one in a nursing home if you suspect your loved one is being subjected to neglect or abuse.
In many instances, people who need legal guidance may have questions about a troubling situation and need a personal injury attorney to investigate the matter and find answers.
Bert Parnall and the team at Parnall Law are available to answer your questions and discuss your legal needs during a free and confidential consultation. The attorneys at Parnall Law have helped thousands of accident victims obtain proper compensation and move forward with their lives.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a Free Evaluation of your Case. If we can help, and you are unable to travel, we will come to your home, office or hospital. It’s easy – let’s get started.
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Parnall Law Firm, LLC
Hurt? Call Bert ®
2155 Louisiana Blvd NE #8000
Albuquerque, NM 87110
Parnall Law Firm, LLC
Hurt? Call Bert ®
1424 Luisa St STE 1
Santa Fe, NM 87505
Parnall Law Firm, LLC
Hurt? Call Bert ®
2003 Southern Blvd SE #126
Rio Rancho, NM 87124