If you are looking at a map of the United States as you daydream about places to retire, New Mexico looks like it is part of the Sun Belt, but once you are close enough to New Mexico to feel the chill in the air, you will find out that many parts of the Land of Enchantment are covered in snow and ice in the winter. That is great if your goal is to ski, but it is considerably more of a bummer if you are just trying to get to your apartment. People who get injured by falling on slippery surfaces on private property can file premises liability claims against the company that owns the property and has the responsibility to keep its business invitees safe from preventable hazards on the premises. Under premises liability law, the tenants of an apartment complex count as business invitees; therefore, they have recourse to premises liability claims if they get injured because of unsafe conditions at the apartment complex. This includes failing to remove ice from walkways and parking lots by salting the surfaces and shoveling snow after a snowfall or a freeze. If you got injured when falling on the ice on a walkway at your apartment complex, contact a Santa Fe slip-and-fall and premises liability lawyer.
Family Receives $18 Million in Damages After Man Suffers Fatal Injuries by Falling on Icy Surface Outside His Apartment
Arthur Chavez suffered injuries when he slipped and fell on an icy surface at his apartment complex after a snowfall. He was initially transported by ambulance to a hospital in Gallup, where the doctors diagnosed him with a complex hip socket fracture, which required treatment that the hospital could not provide. Therefore, Chavez underwent surgery at the University of New Mexico Hospital (UNMH) in Albuquerque after being airlifted there. Shortly after the surgery, UNMH released Chavez to a skilled nursing facility. After several weeks in the nursing facility, Chavez suffered a fatal pulmonary embolism.
Chavez’s wife and daughter filed a wrongful death lawsuit. The defendants named were the apartment complex, UNMH, and the nursing home where Chavez died. The court ruled in favor of the plaintiffs, awarding them $18 million in damages.
Premises Liability, Medical Malpractice, or Both?
UNMH appealed the trial court’s ruling. It acknowledged that negligence on the part of the apartment complex and the nursing home contributed to Chavez’s death, but it denied that its personnel had breached the standard of care. The trial court’s ruling implied that UNMH released Chavez to a skilled nursing facility before it was safe to do so. UNMH argued in its appeal that the court should have separated the lawsuit against UNMH from the lawsuit against the other defendants; this is known as bifurcating a legal case. The appeals court affirmed the ruling in favor of Chavez’s family.
Contact Slate Stern About Slip and Fall Accident Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured in accidents involving falling on slippery surfaces. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
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