Fine Law Firm
Fine Law Firm
  • Home
  • About the Firm
    • Firm Overview
    • Meet Our Attorneys
    • Common Questions & Answers
    • Blog
    • Videos
  • Practice Areas
    • Vehicle Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • View All+
  • Locations
    • Alamogordo
    • Carlsbad
    • Clovis
    • Farmington
    • Gallup
    • Hobbs
    • Las Cruces
    • Rio Rancho
    • Roswell
    • Santa Fe
  • Results
    • Case Results
    • Testimonials
  • Compare Our Fees
  • Contact Us
24/7 AvailabilityFree Consultation Hablamos Español
Contact Us Hablamos español (505) 889-3463

At Fine Law Firm,
Your Case is Personal

Free Consultation

Premises Liability Case Brought by Injured Delivery Driver Allowed to Proceed Against Gas Station

Free Consultation
February 2, 2017 | Posted in Firm News, Relevant Personal Injury Case Law, Slip & Fall

Earlier this month, an appellate court in Georgia issued an opinion in a premises liability case in which the court tweaked previous case law because of the unjust result that would have occurred had the law been applied as previously interpreted. In the recent case, the court determined that the general rule that where a plaintiff in a premises liability case must prove that the defendant had superior knowledge of the hazard when the plaintiff is presented with an “untenable choice”,  a relaxed interpretation may be appropriate.

The Facts of the Case

The plaintiff was a fuel delivery driver who would occasionally make deliveries to the defendant’s gas station. The defendant required all fuel delivery drivers to manually measure the level in the tanks prior to filling them, as well as after they had been filled. The plaintiff had told the defendant that the post-fill measurement was unnecessary because the tank had a computerized system that displayed the current level of fuel. The plaintiff also expressed concern that manually measuring the tank was dangerous, because it had to be done in the middle of the station’s parking lot and customers often came close to hitting him.

During one delivery, the plaintiff was manually checking the tank levels when he was struck by a customer’s car. The plaintiff subsequently filed a premises liability lawsuit against the defendant. In support of his claim, the plaintiff provided evidence that he and other fuel delivery drivers had expressed concern over manually measuring the fuel, and that several delivery drivers whom had refused to manually measure the fuel were fired on the spot.

In response to the plaintiff’s claim, the defendant argued that the plaintiff had equal knowledge of the dangerous condition but nonetheless put himself in the position where he was ultimately injured. The court explained that normally a plaintiff’s equal or superior knowledge of the hazard that caused their injury would prevent the defendant from being liable; however, under these facts, the plaintiff was presented with the “untenable choice” of choosing safety or his job.

The court explained that when a plaintiff is presented with this untenable choice, the plaintiff cannot be said to have assumed the risk of the dangerous activity. Thus, the plaintiff’s case should be permitted to proceed toward trial or settlement negotiations.

Have You Been Injured in a New Mexico Premises Liability Accident?

If you or a loved one has recently been injured on the property of another, and you believe that your injuries were the result of the land or business owner’s negligence, you may be entitled to monetary compensation through a New Mexico premises liability lawsuit. The skilled personal injury attorneys at the Fine Law Firm have decades of collective experience helping clients receive compensation for their injuries in a wide range of personal injury cases, including those arising from slip-and-fall accidents. Call 505-889-FINE to set up your free consultation today.

More Blog Posts:

Appellate Court Affirms Trial Judge’s Decision to Dismiss Case Due to Violation of Statute of Limitations, New Mexico Personal Injury Lawyer Blog, January 3, 2017.

Appellate Court Declines Opportunity to Apply Government Immunity in Bicycle Accident Case Against City, New Mexico Personal Injury Lawyer Blog, January 11, 2017.

Request FREE
Consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.

Recent Posts

  • Fine Law Firm Requests Investigation Into Gustavo Gomez’s IAFD Tenure
  • Albuquerque’s Toxic Police Subculture
  • Filing an Amazon Accident Claim
  • Evidence You Need for Your E-Scooter Accident Claim
  • Do You Need Insurance Coverage to Ride an E-Scooter in New Mexico?

Categories

  • Aggressive Driving
  • Auto Accidents
  • Bicycle Accidents
  • Bike & Pedestrian Accidents
  • Brain Injury
  • Burn Injury
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Construction Accidents
  • Dog Bite
  • Drunk Driving
  • E-Scooter Accidents
  • Firm News
  • Government Liability
  • Insurance Companies
  • Legal Research
  • Legal Terminology
  • Medical Malpractice
  • Motorcycle Accidents
  • New Mexico Laws
  • Nursing Home Abuse
  • Oddities
  • Pedestrian Accidents
  • Personal Injury
  • Personal Injury FAQs
  • Personal Injury News
  • Personal Injury Verdicts
  • Police Brutality
  • Premises Liability
  • Product Liability
  • Relevant Personal Injury Case Law
  • Rideshare Accident
  • Slip & Fall
  • Spinal Injuries
  • Sporting Injuries
  • Traumatic Brain Injury
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorist
  • Work Place Injury
  • Wrongful Death

Archives

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
Risk-free guarantee

Contact us for your free consultation

Risk-free guarantee

Contact us for your free consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.
This field is for validation purposes and should be left unchanged.

Faqs
In selecting injury attorneys, the client should consider the following questions:

Do the attorneys have a history of winning cases like mine?

Do I trust the attorneys to act in my best interest rather than their own?

How do the attorneys’ fees compare with others?

View more faq’s
Fine Law Firm
Hablamos Español
Contact Us Hablamos español (505) 889-3463
Fax (505) 242-2716
Our Office Locations
Our Albuquerque Office
220 9th St NW
Albuquerque,
NM 87102
Get Directions

Copyright © 2025 by Fine Law Firm

  • Disclaimer
  • Privacy Policy