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Protect Against
Negligence with
an Albuquerque NM Personal Injury Attorney

Just because someone did not mean to cause you harm does not mean they should not be held accountable for their actions. Ordinary negligence is the legal term that describes the negative consequences of someone failing to take reasonable precautions. Their choices then cause harm to another person. For instance, a business owner who neglects to put salt on their sidewalk following an ice storm is committing ordinary negligence if a passerby slips and falls, injuring themselves. 

do you prove

Proving negligence is the key to winning an ordinary or gross negligence personal injury case. New Mexico courts generally seek the presence of four main elements:

  • Duty to take responsible precautions to protect the defendant against personal harm.
  • Breach of that legal duty by the defendant. 
  • Causation – action, inaction – of the defendant that led to another person’s injury.
  • Damages supporting the fact you were harmed by the defendant’s actions. 

These four elements allow plaintiffs in personal injury cases to claim compensation for medical bills, lost wages, property replacement, and other damages incurred due to the actions of the negligent party. 

Difference between
Ordinary and Gross

Ordinary negligence involves the failure to use a level of care and caution that leads to another person’s injury. If a store owner forgets to put up a “Wet Floors” sign after maintenance has cleaned them and a customer slips and falls, that is ordinary negligence. In this case, the store owner did not intend to cause another person harm. They still are legally responsible for any injuries. 

Gross negligence is the exact opposite. It is the deliberate and reckless disregard for the safety or reasonable treatment of others. Let’s take the example of a driver speeding through a residential area with heavy pedestrian traffic. They know they are exceeding the posted speed limit under conditions that make it likely they could injure a child or adult but continue to do so anyway. If they strike a pedestrian and cause serious injury, that is gross negligence. 


  • ADA compliance

    Municipal’s demonstrated failure to adhere to ADA compliance requirements and local construction codes on disability ramp resulted in severe orthopedic injury to plaintiff. Successful settlement was recovered by experienced legal representation from the Archibeque Law Firm.

  • Slip and Fall

    Defendant’s failure to safely maintain a fuel pumping station resulted in plaintiff’s significant injuries.  The recovery of a successful settlement is a result of the legal expertise and steadfast commitment of the Archibeque Law Firm.