At the Law Office of Samuel I. Kane, P.A., our personal injury attorneys in Las Cruces understand that premises liability claims can be complex, especially when the injured person is unsure about how our New Mexico laws apply to their accident.
A premises liability claim is a type of negligence claim filed against a property owner, which falls under a specialized segment of personal injury law.
To pursue a case, the injured person, which excludes trespassers, must establish one of two things. Either the property owner failed to maintain safe conditions or failed to provide an adequate warning of unsafe conditions.
When they do not, we may have the proper grounds to pursue a premises liability claim against the negligent party.
When is the Property Owner Responsible for My Injuries?
When you enter another person’s property, whether their home or business, you expect a certain level of safety.
If the property owner is found responsible for your injuries, you may be entitled to compensation by filing a personal injury claim against their insurance company.
Your ability to do so will depend on whether you visited their property lawfully and how the injury occurred.
The property owner must properly maintain the property free of hazards or make any types of defects or hazards known. An example would be a grocery store placing signage on wet floors after mopping to alert and caution shoppers from their slippery condition.
Injuries that occur when dangerous conditions exist from unmarked wet floors, broken stairs, or uneven walkways are often referred to as slip and fall accidents.
Another very common premises liability claim occurs during dog bites or attacks when certain circumstances exist.
Can Trespassers Pursue a Premises Liability Claim in New Mexico?
In New Mexico, individuals who are trespassing on private property when an accident occurs cannot file a premises liability claim, even if their injury was caused by the property owner’s negligent maintenance.
What Types of Damages Can I Pursue After a Premises Liability Injury in Las Cruces, New Mexico?
If a property owner violated their duty of care and caused your injury, your financial recovery needs will be unique to your circumstances, including the extent of your injuries.
Common damages in a Las Cruces premise liability claim may include, but is not limited to:
- Medical costs
- Rehabilitation, therapy, and prescription expenses
- Loss of income
- Loss of earning capacity
- Short- or long-term disability
- Temporary or permanent disability
Calculating damages in premises liability cases requires extensive resources that will account for each financial need you have from the time of the accident through your complete recovery — when full recovery is possible.
Our experienced Las Cruces personal injury attorney at Law Office of Samuel I. Kane, P.A., can help assess the strength of your case and your ability to recover damages by partnering with professional experts, including your medical team, to determine the extent of your needs, so no detail is left to chance when pursuing our claim.
If you have suffered an injury on private, public, or government property in New Mexico, contact our experienced Dona Ana County and Las Cruces premises liability lawyers by calling (575) 339-1895 to schedule a free consultation today to discuss the strength of your case, so you can make informed decisions about moving forward with legal action.