Albuquerque Premises Liability Attorneys

What is Premises Liability?

Premises liability in New Mexico refers to the legal responsibility of property owners or occupiers to ensure a safe environment for individuals on their property. If someone is injured or suffers harm due to unsafe conditions on someone else's property, the property owner or occupier may be held liable for damages.

Common types of premises liability cases in New Mexico include:

• Slip and Fall Accidents: These occur due to wet floors, uneven surfaces, icy pathways, or other hazardous conditions that cause individuals to slip, trip, or fall.
• Inadequate Maintenance: Property owners must maintain their premises to ensure safety. Cases can arise from broken handrails, poorly lit areas, or neglected repairs leading to accidents.
• Unsafe Conditions: This involves any hazardous conditions on the property, such as unmarked construction zones, exposed wiring, or lack of warnings for potential dangers.
• Dog Bites or Animal Attacks: If a property owner has a pet that injures someone on their premises, they may be held liable for the damages caused.
• Negligent Security: If someone is harmed due to inadequate security measures, such as insufficient lighting in parking lots or lack of security personnel in high-risk areas, the property owner may be held responsible.
• Swimming Pool Accidents: Property owners with swimming pools must ensure proper fencing, signage, and safety measures to prevent accidents or drownings.
• Elevator and Escalator Accidents: Malfunctioning or poorly maintained elevators and escalators can cause serious injuries. Issues such as sudden stops, misleveling, or broken components can lead to accidents.
• Fires and Burns: Property owners are responsible for maintaining fire safety measures. If someone is injured due to lack of proper fire exits, malfunctioning smoke detectors, or inadequate fire suppression systems, the property owner may be held liable.
• Toxic Exposure: Harmful substances like mold, lead paint, asbestos, or chemicals can cause health issues. Property owners are responsible for addressing and remedying such hazards and warning occupants or visitors of potential dangers.

Premises liability can potentially occur in various locations where individuals visit, reside, or conduct business. Some common locations where premises liability incidents may happen include:

• Grocery Stores and Retail Shops: Slip and fall accidents due to spills, uneven flooring, or obstacles in aisles.
• Restaurants and Bars: Slippery floors, inadequate lighting, or faulty furniture leading to accidents.
• Hotels and Motels: Injuries due to inadequate security, faulty equipment (like elevators), or poorly maintained premises.
• Residential Properties: Injuries from slip and fall accidents, dog bites, swimming pool accidents, or inadequate maintenance.
• Public Parks and Recreation Areas: Falls on uneven pathways, playground equipment malfunctions, or inadequate warning signs.
• Office Buildings: Slip and fall accidents, elevator or escalator malfunctions, or inadequate maintenance.
• Construction Sites: Accidents due to unsafe conditions, falling debris, lack of safety protocols, or inadequate warnings.
• Hospitals and Medical Facilities: Slips, falls, or injuries due to negligent maintenance or inadequate care in the premises.
• Amusement Parks and Entertainment Venues: Accidents on rides, inadequate safety measures, or poorly maintained facilities.
• Parking Lots and Garages: Injuries due to poor lighting, uneven surfaces, inadequate security, or negligent maintenance.

Proving Liability

In New Mexico, property owners can be held liable for premises liability lawsuits if certain conditions are met. To succeed in a premises liability claim, the plaintiff must typically prove the following elements:

1. Duty of Care: The property owner owed a duty of care to the person entering the premises. This duty varies based on the visitor's status:
   • Invitee: Someone invited onto the property for business purposes or mutual benefit.
   • Licensee: Someone allowed onto the property for social reasons or with permission but without a direct benefit to the property owner.
   • Trespasser: Someone entering the property without permission.
2. Awareness of Hazard: The property owner knew or should have known about the hazardous condition that caused the injury. For instance, if a spill occurred in a store, the owner should have known about it and taken steps to address it.
3. Failure to Warn or Rectify: The property owner failed to either warn visitors about the dangerous condition or failed to take reasonable steps to rectify the hazard. This could include fixing the issue or putting up warning signs to alert visitors.
4. Causation: The hazardous condition directly caused the injury. The plaintiff must show that the dangerous condition on the property was the proximate cause of their injury.
5. Damages: The plaintiff suffered actual damages, such as physical injuries, medical expenses, lost wages, or pain and suffering, as a result of the hazardous condition.

Property owners can be held liable when they breach their duty of care by neglecting to maintain safe premises or failing to warn visitors about known hazards. They are expected to take reasonable measures to ensure their property is reasonably safe for those who enter lawfully.

However, the specifics of premises liability cases can be complex, and the outcome often depends on the unique circumstances of each case. It's crucial to consult with an attorney experienced in premises liability law in New Mexico to assess the details of the incident and determine the viability of a claim.