How Does Premises Liability Work in New Mexico?

A premises liability claim is founded on carelessness, much like a personal injury claim. In the simplest terms, a victim was hurt because of a property owner’s negligence.

However, laws on premises liability vary from state to state. In New Mexico, for example, premises liability statutes do not differentiate between an “invitee” and a “licensee,” as in certain states. Despite the fact that this clarifies certain points, there is still a lot to learn.

Knowing New Mexico’s rules on premises liability is the first step. But if you have questions about premises liability laws in New Mexico or want to learn how to file a claim, contact our Albuquerque personal injury lawyers at Will Ferguson & Associates immediately.

How is Premises Liability Defined?

The legal concept of “premises liability” relates to a property owner’s duty to ensure invitees’ safety. It’s crucial to remember that not every accident may be considered premises responsibility since certain criteria must be met.

The duty of care in New Mexico for a property owner falls into one of two categories. Either they must ensure the safety of their property at all times or provide notice of any potential dangers.

Injuries sustained on private property do not immediately give rise to a claim for damages under premises responsibility. For instance, you could not sue the property owner if the accident was determined to be your fault rather than the consequence of harmful circumstances on the property.

Similarly, you may not be successful in a lawsuit against a property owner who gave you enough notice of potentially hazardous situations.

To illustrate, suppose the owner of the property posted a notice that you shouldn’t walk on a sidewalk or path because of broken pavement. If you ignore that warning, trip over the damaged sidewalk, and subsequently suffer injuries, a judge might decide that the property owner is not responsible since you were given sufficient notice.

Laws on Comparative Negligence in New Mexico

Comparative fault or negligence applies in New Mexico. In other words, if both the plaintiff and the defendant are determined to share fault, the parties will divide the damages according to their respective degrees of liability.

To put it another way, suppose the court finds the defendant 60% at fault and you, the plaintiff, 40%. You might collect as much as 60% of the total cost of damages you incurred as a result of the accident from the defendant. You’d then be responsible for the remaining 40%.

Exceptions to Premises Liability Laws

Of course, there are some exceptions to laws on premises liability in New Mexico. For instance, you cannot pursue a claim for premises responsibility if the accident occurred while you were trespassing on someone else’s private property. This is true even if your injuries and damages were caused by the owner’s carelessness with the property’s upkeep.

Liability For Property Injuries

Now that we’ve covered how New Mexico’s premises liability laws function, we can get into the nitty-gritty of what kinds of damage those statutes protect against.

Lack of Security in Premises Liability

It goes without saying that when security measures are inadequate, criminal conduct is more likely to occur. The crime rate in a region and the nature of the property itself are only two of many considerations when determining whether or not security measures are insufficient enough to lead to injuries or other damages.

Unsafe Conditions Under Premises Liability

While accidents caused by unsafe conditions are easier to identify, many other types of accidents also fall under this category.

For example, there is a high rate of slip-and-fall incidents within the scope of premises liability. Weather factors like ice or severe rains that the property owner did not account for might be to blame for these incidents. Uneven or unstable flooring, damaged stair rails, and other similar hazards may also contribute to such injuries.

What’s more, lack of maintenance on elevators, exposed wires, chemical hazards, and dangling items all contribute to an unsafe physical environment. Not enclosing or maintaining a swimming pool properly may also create a hazardous environment.

Inadequate lighting or illumination is an example of a situation that is hard to establish (but does occur). The argument rests on the assumption that the plaintiff had injuries because they didn’t have enough light to see and identify and avoid hazards.

How Do I File a Premises Liability Claim?

After reviewing this initial rundown of premises liability, you should see an attorney if you think you have a case. Once a qualified attorney is able to go over the details of your specific accident, they might find that you’re eligible for a settlement. From there, your lawyers will begin collecting evidence, such as medical records and invoices.

In addition, your lawyer will look into the property owner’s maintenance logs to find out how long the property has been hazardous, whether or not the owner may have known about the damage and other relevant details.

Remember that the claims process might take a long time, so you should continue documenting your injuries, treatment, and any surrounding specifics regarding your claim. In the meantime, your case will be built and filed in New Mexico’s equivalent of small claims court, known as the Magistrate Court.

And when it comes to the state’s statute of limitations, it’s also important to keep in mind that you only have three years from the time of your injuries to file a personal injury claim in New Mexico. With a few notable exceptions, this three-year period begins on the day of the injury. 

Contact a Premises Liability Attorney in New Mexico

At Will Ferguson & Associates, our clients are important to us. We have been assisting victims of personal injury and disability since 1983 and can help you as well. 

Moreover, in cases involving personal injury, we work on a contingency basis, which means you owe no fee unless we recover compensation for you. Even if a substantial fee reduction is required, our law firm’s policy is to not charge more in fees than the client receives from a verdict or settlement, absent extraordinary circumstances.

Call our personal injury attorneys at Will Ferguson & Associates at (505) 243-5566 to find out whether you are eligible for compensation for your injuries.

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