When individuals are injured or killed in an accident that was the fault of another party or parties, there are many hurdles that they or their families must overcome before they can be compensated for the injuries they endured. When there is only one culpable party involved, the case may be more straightforward, but often there are multiple parties that may be held liable. This may be because they were directly or proximately responsible.
New Mexico law follows the theory of contribution in these joint and several liability actions. These at-fault parties have the right to contribution, which allows them to only be responsible to the victim for the part that they actually played in the accident. In these cases, the victim will only be entitled to damages relative to the amount of fault for which the specific tortfeasor was responsible. They will need to collect separately from each responsible party. Under New Mexico law, if the plaintiff is found to have partly caused their own injuries, they will not be barred from recovery, but instead their recovery will be lessened relative to their percentage of fault.
As is the norm across jurisdictions, there are some very specific exceptions to the rule discussed above. First, this does not apply to intentional tortfeasors, vicariously liable defendants, some product liability cases, and even some cases involving inherently dangerous activities. It is important that individuals involved in these types of cases contact an experienced and dedicated attorney to help them understand their rights.
Sixteen-year-old Girl Killed after Being Thrown from Carnival Ride
A Texas girl was tragically killed after being thrown from a carnival ride at the end of April. One news report indicated that the girl and her friends were riding a spinning carnival ride when she and another young lady were thrown from the ride. Sadly, the girl hit her head on a metal portion of the ride and died, while the other victim suffered minor injuries
The amusement company stated that they had all of the required permits to be operating the ride and that they had borrowed the ride from another amusement company. Apparently, the two companies swapped similar rides. The state keeps a log of amusement ride injuries, and a prominent news station requested and reviewed the report, finding that neither of the companies had been involved in an accident in the past five years.
Currently, no information has been released regarding which party may be held liable for the accident and whether any charges or claims have been brought against any of the involved parties.
Have You Been Involved in an Accident at a New Mexico Theme Park?
If you or a loved one has been injured or killed in an accident, you should contact a personal injury attorney at the Fine Law Firm. These cases can be long, drawn-out, and overly complicated because the parties will try to avoid and thwart responsibility for their part in the accident. An attorney at the Fine Law Firm can take charge and help you and your family navigate this area of the law. If you are successful, you may be entitled to monetary compensation for the injuries you sustained. Contact an attorney at the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.
More Blog Posts:
Court Holds City Employee Not Entitled to Immunity in Premises Liability Case, New Mexico Personal Injury Lawyer Blog, April 7, 2016.
State Court Holds Recreational Immunity Does Not Apply to Hot-Air Balloon Company Providing Free Rides on Another’s Property, New Mexico Personal Injury Lawyer Blog, May 4, 2016.