Slip and Fall Lawyers in Hobbs, NM

Visitors can suffer devastating injuries when property owners and managers fail to keep their premises reasonably safe.

Slip and fall accidents happen all the time, but most are preventable – usually caused by negligent or careless property owners. Premise liability laws are in place to protect you because property owners owe you a legal duty of care to ensure their properties are safe and free of hazards to guests and visitors. If you were injured on another person’s property in a slip and fall, we recommend you contact a personal injury lawyer who knows about New Mexico premises liability accidents.

Schedule a free consultation about a slip and fall accident.

The Kemmy Law Firm has seen firsthand the physical and emotional damage a fall can do to a person and their family. When you believe the property owner is responsible for your fall, call us right away to discuss pursuing compensation.

A slip and fall can cause more financial uncertainty than you may suspect. Let us review what happened, help determine who’s liable for the harm done, and fight to get you the result you deserve. To talk with a slip and fall lawyer about what your claim is worth and how to seek compensation, call (575) 222–8549 and schedule a free consultation.

Do You Need a Slip and Fall Lawyer in Hobbs?

Premises liability claims are not always open and shut, and not all slip and falls constitute a valid claim for damages. Slip and fall cases are also typically scrutinized by large insurance companies because of a public misconception that many injury victims pursue illegitimate claims. Despite these challenges, there are several examples where a property owner should be held liable for a slip and fall accident. For instance, if the property owner failed to warn you about a dangerous condition, or failed to repair a hazard that caused you harm, then you may be entitled to seek compensation.

After suffering a slip and fall at work, at a friend’s apartment complex, or while running errands, you need to consider whether legal representation is necessary. The more serious your injuries, the more important early legal intervention. Serious slip and fall injuries can result in weeks or months off work, permanent disability, and ongoing medical expenses. In a matter of weeks, the financial repercussions of the fall may be significant and difficult to overcome.

When you are forced to utilize your own health insurance and savings to cover your medical care, we recommend you talk with a slip and fall injury lawyer. If another person, business, or municipality is to blame for the slip and fall accident, then the law may entitle you to compensation. However, you do not want to immediately file a premises liability lawsuit without first talking to an attorney about New Mexico premises liability law, the strength of your claim, the potential value of your claim, and the appropriate legal process.

Under New Mexico’s premises liability law, all property owners owe visitors a reasonable duty of care.

These visitors are individuals with explicit or implicit permission to be on the property for a personal or business purpose. Property owners do not owe the same duty of care to trespassers, who do not have permission to be on the premises.

When a property owner knows they are liable, they may offer you a settlement right away. They may hope to avoid a slip and fall lawsuit. However, we recommend you speak with an experienced attorney before accepting a settlement offer. Any offers you receive right away may be less than what your claim is worth.

Discover Who We Are

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New Mexico Slip and Fall & Premises Liability Cases We Handle

Kemmy Law Firm has the ability to handle all types of premises liability cases, including:

  • Slip and falls
  • Falls from heights
  • Deck and balcony accidents
  • Swimming pool accidents
  • Stair accidents
  • Elevator and escalator accidents
  • Ladder accidents
  • Sidewalk accidents
  • Parking lot and parking garage accidents
  • Wet surface accidents
  • Inadequate security and crime

We handle dangerous property accidents on all types of public and private properties, including hotels, motels, grocery stores, big-box stores, small retail shops, doctor’s offices, business and apartment complexes, theaters, sports stadiums, gyms, parks, and city and county property.

Wherever you were when you fell, Kemmy Law Firm is well-versed in these claims, and whether we need to file a lawsuit or an administrative claim with a government – we are here to help.

Our Lawyers Will Identify Who’s Responsible

Following a slip and fall at a grocery store or some other location, you may think you know who was at fault. We recommend hiring a slip and fall lawyer to investigate before forming any conclusions.

It is never enough to claim a property owner or manager is liable; you have to establish their negligence. That is why we conduct thorough investigations and recommend filing premises liability lawsuits as soon as possible. We’ll collect and analyze the evidence immediately available. Then, during the discovery process, we will gather more through interviews, document requests, and depositions.

Comparative Negligence

A common argument against your claim will be comparative negligence. This is where the property owner claims you also were negligent in causing the slip and fall and your injuries.

Under New Mexico’s pure comparative negligence law, you can still recover compensation even if you were somewhat at fault. But the amount is reduced by your degree of fault, whether that percentage is 5% or 95%. To ensure you receive as much compensation as possible, we prepare to push back against any comparative negligence arguments.

Open and Obvious Hazards

Another common defense is that the hazard that caused your slip and fall was open and obvious. In New Mexico, whether the hazard was open and obvious can be important, but it is not a complete defense. If the dangerous condition was visible and could be anticipated and avoided, then you may be considered partly liable. We will strive to prove the danger was not open and obvious, and you could not have seen and avoided it.

Awards & Associations

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The National Trial Lawyers Top 100 Trial Lawyers.

Slip & Fall Injury Compensation

After getting hurt in a slip and fall accident that was the result of a property owner’s negligence, you can demand compensation for your:

  • Medical Bills
  • Lost Income
  • Pain and Suffering
  • Emotional Distress
  • Scarring and Disfigurement
  • Disability
  • Reduced Earning Capacity
  • Reduced Quality of Life

Just as you need to prove the property owner or manager’s breach of duty and responsibility for the slip and fall, you also must prove your injuries, which also are known as damages. For your economic damages, we can use your bills, receipts, pay stubs, and tax returns.

Non-economic damages are more complicated because they are not a specific financial loss or expense. Much of the physical and psychological damage is invisible. We have to prove the value of these injuries by establishing your pain, discomfort, loss of opportunity, altered future, and more.

Testimonials

When you put clients first, they notice.

They fought for us as if they were fighting for their own family.

 

If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019

I would not hesitate to go to them

 

The Kemmy’s are good people that I 100% trust to always keep my best interest in mind. I would not hesitate to go to them whenever I need legal advice!

  Bianca Mero   |   07.19.2019

It felt like they truly cared about my family

 

My wife and I had a very good experience with Tom Kemmy and his law firm. I live in Iowa and as you know Tom lives in Texas. With that said, Tom and his wife were traveling and made a point to stop at my home on a Saturday just to say hi and visit. The bottom line is that my settlement was excellent and I am not sure anyone else would have been able to do what Tom and his team did.

  Kevin Johnson   |   11.26.2019

Slip & Fall Accident Claims in NM

Our attorneys are here to guide you through the entire process of pursuing compensation. If you are concerned about what goes into seeking a slip and fall settlement, do not hesitate to call us. We are here to explain the law and process of filing a claim, as well as discuss how we handle each step.

The slip and fall claim process involves:

  • Seeking medical care for your slip and fall injuries;
  • Contacting a slip and fall injury lawyer;
  • Providing notice to the property owner’s insurance provider;
  • Collecting and analyzing evidence during an in-depth investigation of the accident;
  • Filing a premises liability lawsuit against the property owner and/or manager;
  • Utilizing the discovery process to obtain additional evidence;
  • Hiring any necessary expert witnesses, including medical, vocational, economic, accident reconstruction, or industry experts.
  • Providing evidence of the property owner’s liability and your injuries to the insurer;
  • Entering into settlement negotiations with the insurer; and
  • Resolving your claim with a pre-trial settlement or going to trial.

New Mexico Slip and Fall Accidents

Property owners and managers owe you a duty of reasonable care in New Mexico.

Under this standard, the premises should be reasonably safe, and the owners and managers must act to protect visitors from known and foreseeable dangers. A breach of their duty of care, which causes another harm is known as negligence A property owner might owe you compensation for your slip and fall injury if they failed to uphold their duty of care.

To obtain establish negligence, you must show:

  • Duty: The property owner owed you a duty of care. In other words, you were not a trespasser.
  • Breach: The property owner failed to uphold their duty of care by failing to keep their property reasonably safe.
  • Causation: The property owner’s failure to maintain reasonably safe premises caused your slip and fall accident.
  • Damages: You suffered a compensable injury in the slip and fall accident.

To establish the four elements of a NM premises liability claim, you need evidence. Our slip and fall lawyers collect evidence through an independent and thorough investigation. We will gather photos of the area where you fell, any video footage of the fall, eyewitness statements, and background on the property owner.

We will also investigate whether the property owner has a history of accidents on any of their premises. We’ll look into how the owner maintains their premises, including when and how they inspect their property, how quickly they make repairs, and how they typically warn visitors about dangers.

Your Status on the Property

In many states, the duty a property owner owes another depends on that person’s status while on the property. The different statuses are invitee, licensee, and trespassers.

An invitee is someone who has permission to be on the property and is there for a mutually beneficial reason. Invitees are often business customers, clients, or patrons. Licensees are individuals who are on another party’s property for their own benefit, including social guests. Trespassers do not have permission to be on the property at all.

New Mexico law does not recognize the differences between invitees and licensees. Property owners are required to maintain a reasonable care standard for everyone who has permission to be on the property. Whether you were a social guest or a customer at the time of the slip and fall, you would hold the owner to the same standard. New Mexico property owners and managers do not owe reasonable care to trespassers.

Our Verdicts and Settlements
Speak for Themselves

Permanent Brain Injury

The Kemmy Firm secured an $8.6 million settlement on behalf of a woman who suffered a permanent brain injury after three years of hard-fought litigation.

Permanent Spinal Cord Injury

The Kemmy Law Firm, P.C. obtained the second largest medical negligence verdict in Texas for 2017 ($13.5 million).

Total Destruction of West Texas Business

The Kemmy team secured a confidential settlement for a group of Well Owners who were forced to shut down their oil related business with a $20 Million market value.

Permanent Spine Injury for Iowa Insurance Agent

We recovered $3 Million for a family whose breadwinner and patriarch suffered a severe spinal cord injury.

MORE CASE RESULTS

We Take Slip and Fall Cases to Trial and Win

Many slip and fall injury victims are unsure of hiring a trial lawyer. You may worry that you will end up in a contentious and lengthy court case. This is never our goal.

With over 50 years of combined trial experience and success, we can tell you the benefit of working with a veteran is that your attorney will focus on being trial-ready throughout your case. Whether or not you receive an appropriate settlement, you can be confident that they have thoroughly investigated the accident, gone over every piece of evidence multiple times, and have examined the case from various points of view. Being prepared for trial is always an advantage during insurance settlement negotiations.

It is also important to remember that a settlement offer is not guaranteed after a slip and fall. A homeowner may not have insurance, a business may deny liability, and insurers may refuse to agree to a fair sum. In all of these circumstances, you need an attorney willing and ready to fight for your rights.

At Kemmy Law Firm, we are proud of our record of success, and the millions obtained for our clients in settlements and verdicts.

Personal Injury Attorneys & Trial Lawyers Let Our Family Protect Yours

Kemmy Law Firm, P.C. IconKemmy Law Firm, P.C.

1601 North Turner Street Suite 417, Hobbs

5.0 12 reviews

  • Avatar R N ★★★★★ 2 months ago
    Nick was very easy to deal with. Very professional and understood the case very well. I hope to not have to work with him again (because not wanting another injury), but, if I do, I will work with again. Thanks for everything!
  • Avatar Manuel Arteaga ★★★★★ 2 months ago
    We were looking for someone to takeour case and We were unresponsive from some layers, either from well recogniced firms and I'm so grateful for that because since the first day that we spoke with Nick we knew that we will be well … More represented. He was very honest, clear, diligent and communicative thru the process. His work ethics are first class. I put him as a role model for my kids to know How a Profesional Person should be. Words are less of how greatfull we are to count with Him to represent us. Thank you Nick and your Team. Many Blessings!
  • Avatar Cynthia Garza ★★★★★ 9 months ago
    This law firm is professional , diligent and cares about their client. They were
    able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect.. The staff kept us informed and responded
    … More in a timely fashion to all correspondence .
  • Avatar Stuart Kunkel ★★★★★ 10 months ago
    I should have called Kemmy Law Firm, P.C. first
    For six months I have been dealing with an insurance company that would not reimburse me for a rental car I paid for out of pocket.
    I spoke to 10 different attorneys and nobody could help
    … More me.
    Then I called the Kemmy Law Firm, P.C. during a 15 minute phone call I got a Professional, Direct, Legal consultation that set me on the right course to handle my situation.
    The Kemmy Law Firm, P.C. is Polite, Respectful, and Sincerely Care about You enough to explain the legality of the Law with patience.
    Stuart
  • Avatar Jerry Guillen ★★★★★ 10 months ago
    Tom Kemmy helped me with a case about 20 years ago involving an insurance claim I had issues with and we were able to get the insurance to pay their part. I was very satisfied with Tom’s service. Also throughout the years since Tom has … More referred me and guided me in the right direction for legal questions. He is certainly a great person also because I personally know of him helping a grieving family that suffered the loss of 2 family members and he helped them gracefully. Thanks Tom for all you do.

Contact Kemmy Law Firm Today

(575) 222-8549 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.