New Mexico Premises Liability Laws

If you have been injured on the property of another, you may be entitled to financial compensation. That said, premises liability is a complex thing, and you’ll need strong legal guidance to reach a successful outcome.

The premises liability attorneys at Nix Patterson can review your case and help determine whether you may be due a settlement check. The first step is to reach out to us to schedule a free initial consultation, where we will learn more about you and what happened.

To help you prepare for that consultation, though, here’s a quick explainer on premises liability law in New Mexico.

What Is Premises Liability Law?

Premises liability law is the legal theory that holds that a property owner (or someone in control of the property) may be liable for injuries that you suffer on their property. A property owner owes you the duty of care, and if they violate it, they may be required to pay you compensation for your injuries. First, you need to go through an extensive legal process that most often involves an insurance company. Although it is not easy for you to get full compensation for your injuries, it is entirely possible when you have the help of an experienced premises liability attorney.

How to Obtain Compensation for a Premises Liability Injury

There are two potential ways that you can receive compensation for a premises liability injury. You could file a claim against the responsible party’s insurance policy. Whether the property was a business or a private home, the owner likely had insurance to cover any damages. The insurance company would review your claim and determine whether they will accept liability.

If the insurance company denies liability, or if they are not being reasonable in settlement negotiations, you always have the right to file a lawsuit against the property owner. Some premises liability attorneys May advise you to begin in court with a lawsuit because you are able to gather more evidence through the discovery process.

Your premises liability attorney could review the facts of your case and advise you about the most effective way to obtain compensation for your injuries.

Proving Liability and Damages for Your Premises Liability Injuries

Under New Mexico law, you have the burden of proof to show both liability and your damages. To establish your legal entitlement to financial compensation for a premises liability injury, you would need to prove that someone else was negligent. In any personal injury case, negligence means that you are able to prove the following four elements:

• Duty of care: The property owner typically owes you the duty of care when you are on their property with some sort of permission.
• Breach: There is a breach of the duty of care when the property owner does something that would be considered unreasonable under the circumstances
• Injury: You must have suffered some type of injury to your person or emotions, although emotional distress is usually not a sufficient standalone personal injury claim.
• Causation: You must prove that your injuries would not have happened had it not been for the actions of the other party, and the chain of causation is not too remote.

In any personal injury case, you have the obligation to prove your claim by a preponderance of the evidence. You must have proof that shows that the facts you allege are more likely than not to have occurred. Your premises liability attorney can investigate and gather evidence that you need to prove your case. There may be some evidence that is in the hands of the other party, and you could obtain it through the discovery process if you filed a lawsuit.

Your attorney may use the following sources of evidence to prove your case.

• Testimony: Objective third-party witnesses may have seen what happened to you or the conditions in the area before your accident
• Pictures: You may have obtained pictures from the scene of your accident that can show the condition of the property.
• Videocamera footage: The property owner may have surveillance cameras that recorded the incident, and this information is discoverable when you file a lawsuit.
• Accident reconstruction: You may need a third-party expert who can recreate the accident and give their opinion about fault.
• Police report: The police report can be a helpful starting point for the accident investigation, and it may even give the officer’s conclusion. That said, the police report may be persuasive for an insurance company, but it is inadmissible at trial.

What Are the Levels of Care Under New Mexico Law?

New Mexico has three different standards that apply to the level of care that a property owner owes people who are on their property. They are as follows:

• Invitees: A property owner owes the highest duty of care to an invitee. This category covers people who are invited onto the property for a lawful purpose, such as business visitors. One must keep the property in a reasonably safe condition and warn invitees of known dangers.
• Licensees: This category covers people who have the property owner’s permission to enter, and it includes social guests. The property owner must warn licensees of known hazards that are not obvious.
• Trespassers: The property owner owes virtually no duty of care to a trespasser other than to avoid deliberately hurting them.

Your premises liability attorney will work for you to obtain compensation, no matter your status and how you were hurt.

Who Can I Sue in a Premises Liability Case?

The property owner is the typical defendant in a premises liability claim. Usually, they are the ones who owe you the duty of care. However, the property owner is not always responsible for what happened. They may have at least the property to someone else, such as a store owner. The person who is in control of the property on a day-to-day basis is the one who would be legally responsible for your injuries.

The proper defendant is not always readily apparent from the facts of your accident. The property could be held in the name of a limited liability company, and you need to know the correct entity to sue. Your lawyer could investigate the ownership of the property and learn who was in control so you know the right person against whom to file a claim.

How Long Do I Have to File a Premises Liability Claim in New Mexico?

Under New Mexico law, you have three years from the date that you were injured or should have known that you were hurt to file a premises liability claim. This is known as the statute of limitations, and it is a very hard and unforgiving deadline. If you missed the statute of limitations in New Mexico by even a day, you lose the right to seek compensation for your premises liability injuries entirely. If you file your claim too late, your case would be dismissed entirely, and you would not even be entitled to your day in court.

There are very few exceptions to the statute of limitations in New Mexico, and courts construe them very strictly. Simply stated, you do not want to be in a position of having to argue that an exception applies because you would be in a very tough place. The one thing that you can do is contact an experienced New Mexico premises liability attorney as soon as possible after you were injured so they can begin work on the legal process. Even if you do not file a claim immediately, your attorney can gather evidence that can be used to prove your claim and do the legwork necessary before you can file a case in court.

Dog Bite Claims in New Mexico

Dog bite cases are one of the most common premises liability claims. Surprisingly, New Mexico does not actually have a law on point that governs dog bite claims. In other words, there is no law that imposes strict liability on the dog’s owner when you have been bitten. You can still qualify for compensation when you are able to prove that the dog’s owner was negligent or that the animal has a dangerous propensity (meaning that it had already attacked or bitten once before.)

Compensation in a New Mexico Premises Liability Claim

It is up to you to maximize the value of your New Mexico premise of liability case. The insurance company is not going to simply put a full-size settlement check in your hands without a fight. Your premises liability attorney will perform a very valuable function by estimating the value of your damages so you know how much your claim is worth before you file it.

Your premises liability damages can consist of the following:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring and disfigurement

You only get one chance to settle a premises liability claim. The insurance company demands that you sign a release clause stating that you would not come back for any further compensation as a condition of the settlement agreement. Therefore, it is essential to get every dollar you deserve now because you cannot get anything in the future if your settlement was inadequate.

Finding the Right New Mexico Premises Liability Lawyer for You

When you are hiring a premises liability attorney for your case, you need someone with a proven track record of success. Further, your lawyer must be someone with whom you can work well because you are literally putting your financial future in their hands. Take the time to schedule a free initial consultation with a premises liability attorney so you can learn more about them and their experience. Pay close attention to how they interact with you during the course of the free consultation because it can be indicative of the customer service they provide.

Contact a New Mexico Premises Liability Attorney

If you have been injured on someone else’s property, you need an experienced premises liability attorney to fight for you at every step of the legal process.

The determined lawyers at Nix Paterson have a track record of success because we get results for our clients. We never shy away from a fight when our clients’ legal rights are at stake. You can schedule a free initial consultation with one of our attorneys by calling us today at 512-328-5333 or by reaching out online. And remember, you pay us nothing unless you win your case by receiving a settlement or jury award.