Imagine you’re enjoying a day at a local amusement park. As you wait in line, you step on a wet patch hidden by a colorful advertisement. Suddenly, your foot slips, sending you crashing to the ground.
You walk away with a broken wrist and a hefty medical bill. This, unfortunately, is a common scenario in premises liability cases.
Premises liability accidents, like the one described above, can have lasting repercussions for victims. Beyond the physical pain and emotional trauma of an injury, you might face a mountain of medical bills, lost wages due to missed work, and even long-term physical therapy.
The financial burden can be significant, causing undue stress on top of your recovery.
If you’ve been injured on someone else’s property due to their negligence, you don’t have to navigate this challenging situation alone. A New Mexico premises liability lawyer can help you understand your rights, gather evidence to build a strong case, and fight for the compensation you deserve.
And when you need the best, you need Olson Personal Injury Lawyers.
When it comes to choosing a New Mexico premises liability lawyer, Olson Personal Injury Lawyers stands out. Our team possesses in-depth knowledge of premises liability law and a proven track record of securing maximum compensation for our clients.
We understand the complexities of these cases and the financial hardships you face. With Olson Personal Injury Lawyers on your side, you can rest assured that you have a dedicated advocate fighting tirelessly to get you the compensation you deserve to recover and move forward after your accident.
Don’t hesitate to seek legal counsel – your health and well-being depend on it. Contact us today at (505) 391-4149.
What Should I Look for in a New Mexico Premises Liability Attorney?
While all lawyers go through the rigors of law school, not everyone who makes the bar is equal. Every attorney varies by at least some degree of skill, experience, niche, cost, and more.
This can make it difficult to find the right one for your case. There are, however, some generally accepted qualifications you can look out for to help you decide which lawyer and which firm you should settle on.
Let’s go over some of these.
- Experience in Premises Liability Law: Look for an attorney who has a proven track record of handling premises liability cases specifically. This means they’ll be familiar with the relevant laws and legal precedents in New Mexico. Experience in personal injury law is a plus but not a substitute for specific premises liability experience.
- Understanding of New Mexico Premises Liability Laws: New Mexico has specific laws regarding a property owner’s duty of care and visitor status. An attorney who understands these nuances will be better equipped to evaluate your case and determine the appropriate course of action.
- Positive Client Reviews and Testimonials: Reading online reviews and testimonials from past clients can give you valuable insights into the attorney’s work ethic, communication style, and track record of success.
- Communication Skills and Accessibility: You should feel comfortable talking to your attorney and confident that they will keep you informed throughout the legal process. Choose someone who is approachable, explains things clearly, and is responsive to your questions.
- Contingency Fee Arrangements: Many personal injury attorneys, including premises liability lawyers, work on a contingency fee basis. This means you won’t pay any fees upfront, and their fees will only be a percentage of the compensation you recover in your case.
- Bar Association Membership: Ensure the attorney is a member in good standing of the New Mexico State Bar Association.
In addition to these qualifications, it’s also a good idea to have other resources to help you verify if a lawyer is as good as they advertise. Such resources include the following:
- The New Mexico Bar Association Lawyer Referral Service: New Mexico Bar Association Lawyer Referral Service
- Online reviews of attorneys in your area
Also, remember that the initial consultation with a New Mexico personal injury attorney is often free. This is a great opportunity to discuss your case, get a sense of their experience and qualifications, and see if they are a good fit for you.
What Is Premises Liability
Premises liability is a legal concept that deals with the responsibility of a property owner or occupier for injuries that happen on their property. It essentially boils down to the idea that property owners have a duty to maintain a safe environment for visitors.
If a visitor gets injured due to a dangerous condition on the property that the owner knew about or should have known about, the owner may be held liable for the damages.
There are different categories of visitors, and they have different legal classifications under premises liability law. In general, property owners owe the highest duty of care to invited guests, like someone attending a dinner party.
This means they must take reasonable steps to identify and fix dangerous conditions or warn guests about them. For trespassers, the owner’s duty is much lower, but there are situations where even trespassers can be protected, such as when the property owner creates a hidden hazard.
Premises liability claims can arise from a wide range of situations. The classic example is a slip and fall accident due to a wet floor that wasn’t marked with a warning sign, but other common examples include inadequate security leading to assault, injuries from malfunctioning elevators or escalators, or dog bites.
Comparative Negligence in a Premises Liability Case
New Mexico follows a legal doctrine called pure comparative negligence in personal injury cases. This means that if you are injured due to someone else’s negligence, but you were also partly to blame for the accident, you can still recover compensation for your damages.
However, the amount you receive will be reduced by the percentage of fault attributed to you.
For example, imagine you’re in a car accident, and the jury decides you were 30% at fault and the other driver was 70% at fault. If your total damages are $100,000, your compensation would be reduced by 30%, leaving you with $70,000.
In New Mexico, as long as you’re not found entirely responsible (100% at fault), you can still receive some compensation for your injuries.
This logic applies to premises liability, as with all other personal injury cases in the state. Here’s how New Mexico’s pure comparative negligence system factors into different scenarios:
- Grocery Store Slip and Fall: Imagine you walk into a grocery store and slip on a spilled bottle of juice. You prove the store knew about the spill but didn’t clean it up promptly. Here, the store likely bears most of the fault. However, if you were texting and not paying attention, the court might assign you a percentage of fault, reducing your compensation.
- Malfunctioning Apartment Elevator: Let’s say you live in an apartment building, and the elevator malfunctions, causing you to injure your ankle. You can sue the building owner if they neglect to maintain the elevator properly. But, if you clearly exceeded the weight limit, the court might assign some fault to you, lessening the amount you receive.
- Dog Bite on Neighbor’s Property: You’re visiting a friend’s house when their dog, known for aggression, bites you. If your friend knew about the dog’s behavior but didn’t warn you, they could be liable. However, if you were teasing the dog or trespassing in their yard, the court might find you partially at fault.
In each situation, New Mexico’s comparative negligence system ensures both parties’ actions are considered. The key is to prove the property owner’s negligence played a role in your injury, but even if you share some blame, you can still recover damages proportionate to the owner’s fault.
This system encourages property owners to maintain safe premises and ensures everyone involved is held accountable for their actions. While this means that the best way to maximize a claim is to have not done anything to contribute to your injuries in the first place, it also means you at least have some form of compensation in the event that you did.
In these cases, one of our attorneys from Olson Personal Injury Lawyers will guide you through the process and secure the highest value you can.
In a system where fault is shared, like comparative negligence, insurance companies aim to assign more blame to the claimant. This makes sense from a financial perspective because while their service offers compensation, they are still businesses seeking profit.
The more fault they can pin on the claimant, the less they have to pay out. This can be particularly tricky in situations involving premises liability, where an accident might occur on someone else’s property.
Here’s where a New Mexico premises liability lawyer can be a valuable asset. Our lawyers understand the intricacies of comparative negligence laws in the state and can build a strong case that highlights the property owner’s duty of care and their failure to maintain a safe environment.
By gathering evidence, documenting the hazard, and potentially consulting expert witnesses, your lawyer can fight to minimize your assigned fault and maximize the compensation you deserve from the property owner’s insurance company.
The New Mexico Statute of Limitations for Premises Liability
In New Mexico, if you’re considering a premises liability claim due to an injury on someone else’s property, be aware of the statute of limitations. The clock starts ticking from the date of your injury, and you generally have three years to file a lawsuit for bodily injury (for property damage sustained on another’s property, the time limit stretches to four years).
While three years might seem like a significant amount of time, premises liability cases can involve complex investigations and gathering evidence. Don’t wait until the last minute to initiate your claim.
Several factors can delay a premises liability claim or even lead to its denial.
Missing the filing deadline is an absolute bar to your case. Delays in gathering evidence, such as witness statements or medical records, can weaken your position.
Additionally, if your actions significantly contributed to your own injury, the property owner might argue comparative negligence, reducing your potential compensation. Consulting with an attorney early on can help you navigate these complexities and avoid pitfalls.
A New Mexico premises liability lawyer from Olson Personal Injury Lawyers can ensure your claim gets filed promptly and effectively. They’ll be familiar with the relevant laws and how to gather the necessary evidence to support your case.
An attorney can also negotiate with the property owner’s insurance company to secure a fair settlement that reflects the full extent of your damages. Don’t hesitate to seek legal guidance – a premises liability lawyer can be your strongest advocate in pursuing the compensation you deserve.
Work With Our New Mexico Premises Liability Law Firm
Suffering an injury on someone else’s property in New Mexico can leave you feeling lost and unsure of what to do next. Medical bills pile up, and daily tasks become a challenge.
But here’s the good news: there is still hope. New Mexico law allows you to seek compensation for your injuries if the property owner’s negligence was a contributing factor.
That’s where Olson Personal Injury Lawyers come in. We are a team of experienced and compassionate attorneys dedicated to fighting for the rights of injured individuals in New Mexico.
Under the leadership of Attorney Sean Olson, we at Olson Personal Injury Lawyers aim to be beacons of stability and recovery for the communities of New Mexico.
We have a proven track record of success in securing maximum compensation for our clients, ensuring they have the resources they need to heal and move forward. Our personalized approach ensures you’re never left in the dark – we’ll keep you informed every step of the way.
Don’t let an injury on someone else’s property become an insurmountable burden. Contact Olson Personal Injury Lawyers today for a free consultation.
Let’s discuss your case and explore your options for getting the compensation you deserve. Call us at (505) 391-4149.