Premises liability refers to the legal responsibility property owners have for ensuring the safety of their premises. In New Mexico, if someone is injured on another person’s property due to unsafe conditions, they may be entitled to compensation under premises liability law. Whether you’re a homeowner, business owner, or a visitor, understanding how premises liability works can help you protect your rights and make informed decisions if an accident occurs.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners and occupiers responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions. This liability applies to a wide range of properties, including private homes, commercial establishments, public spaces, and rental properties. If a person is injured on someone else’s property, they may have a valid premises liability claim if it can be proven that the property owner was negligent.
Types of Premises Liability Cases
Premises liability cases can arise from various situations, including:
- Slip and Fall Accidents: One of the most common premises liability claims, these occur when someone slips, trips, or falls due to hazards like wet floors, uneven surfaces, or cluttered walkways.
- Inadequate Security: Property owners may be liable if someone is assaulted or harmed on their property due to a lack of proper security measures, such as broken locks, inadequate lighting, or failure to hire security personnel.
- Dog Bites: If a property owner’s dog bites someone on their premises, the owner may be held liable, especially if the dog has a history of aggression.
- Swimming Pool Accidents: Property owners can be liable for injuries or drownings that occur in or around a swimming pool, particularly if the pool area is not properly secured.
- Falling Objects: Injuries caused by falling objects, such as merchandise in a store or debris from a construction site, can lead to premises liability claims.
- Toxic Exposure: Property owners may be held responsible if visitors or tenants are exposed to hazardous substances like mold, asbestos, or chemicals on their property.
Who Is Responsible in a Premises Liability Case?
In New Mexico, determining responsibility in a premises liability case depends on the relationship between the property owner and the injured party. The law categorizes visitors into three main groups:
- Invitees: These are individuals who are invited onto the property for the owner’s benefit, such as customers in a store. Property owners owe the highest duty of care to invitees, meaning they must regularly inspect the property, repair hazards, and provide adequate warnings of any dangers.
- Licensees: These are individuals who enter the property for their own purposes, such as social guests. Property owners must warn licensees of any known hazards that are not obvious.
- Trespassers: These are individuals who enter the property without permission. Generally, property owners owe no duty of care to trespassers, except in cases involving children (such as with an attractive nuisance like a swimming pool) or when the owner’s actions are intentionally harmful.
Proving Negligence in a Premises Liability Case
To succeed in a premises liability case, the injured party must prove that the property owner was negligent. This involves demonstrating:
- Duty of Care: The property owner owed a duty of care to the injured party based on their relationship (invitee, licensee, or trespasser).
- Breach of Duty: The property owner failed to maintain the property in a safe condition or failed to warn of known hazards.
- Causation: The property owner’s breach of duty directly caused the injury.
- Damages: The injured party suffered actual harm, such as medical expenses, lost wages, or pain and suffering.
Common Defenses in Premises Liability Cases
Property owners may raise several defenses in premises liability cases, including:
- Comparative Negligence: In New Mexico, if the injured party is found to be partially at fault for their injury, their compensation may be reduced by their percentage of fault.
- Assumption of Risk: If the injured party knowingly and voluntarily engaged in a risky activity that led to their injury, the property owner may not be liable.
- Lack of Notice: Property owners may argue that they were not aware of the hazardous condition and did not have enough time to address it before the injury occurred.
Steps to Take After a Premises Liability Accident
If you are injured on someone else’s property, taking the following steps can help protect your rights and strengthen your premises liability claim:
- Seek Medical Attention: Your health and safety should be your top priority. Get medical treatment for your injuries as soon as possible, and keep detailed records of your medical care.
- Report the Incident: Notify the property owner, manager, or supervisor about the accident and ensure that an incident report is filed.
- Document the Scene: Take photos or videos of the accident scene, including the hazard that caused your injury. Gather contact information from any witnesses.
- Keep Records: Maintain records of any expenses related to the accident, such as medical bills, lost wages, and transportation costs.
- Consult with an Attorney: Premises liability cases can be complex, and it’s important to seek legal advice from an experienced personal injury attorney who can evaluate your case and guide you through the legal process.
Understanding Comparative Negligence in New Mexico
New Mexico follows the doctrine of pure comparative negligence, which means that even if you are partially at fault for your injury, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault for the accident, your compensation will be reduced by 30%. This makes it essential to gather strong evidence to minimize your percentage of fault and maximize your recovery.
When to Seek Legal Help
Premises liability cases can be challenging to navigate on your own. Seeking the guidance of an experienced personal injury attorney is crucial to ensure your rights are protected and that you receive fair compensation for your injuries.
How a New Mexico Personal Injury Attorney Can Assist
If you’ve been injured on someone else’s property in New Mexico, our experienced personal injury attorneys can help you understand your legal options and guide you through the premises liability claims process. We can assist you in gathering evidence, negotiating with insurance companies, and representing you in court if necessary.
Contact us at (505)-337-3505, chat with an online representative, or fill out an info sheet to set up your consultation with one of our knowledgeable Albuquerque Personal Injury Attorneys. We can discuss your case, concerns, and options to see how we can help you seek justice and compensation for your injuries.
