You shouldn’t have to worry about hazards when you’re on someone else’s property—they should have ensured that the premises was safe before anyone else came on the property. When they don’t fix dangers on their property before they have visitors, you could end up getting injured. If you get into an accident because of a hazard on someone else’s property, you could use the help of a Santa Fe, NM premises liability lawyer.
At Buckingham Barrera Vega Law Firm, we are here to represent you when you get hurt from someone else’s negligence. Property owners have a responsibility to keep their legal visitors safe, and when they neglect to do that, they should be held accountable for their actions. That’s why our attorneys are here to fight for your rights and get you justice for your injuries.
New Mexico Premises Liability Laws
Before you get involved in a legal claim, you should know New Mexico’s premises liability laws so that you can better understand what you were owed at the scene. One of the most important parts of the law is determining what kind of visitor you were on the property. While New Mexico doesn’t have specifications for legal visitors like other states might, they do have the distinction between what legal visitors and trespassers are owed.
Since there isn’t a distinction between invitee and licensee in New Mexico premises liability law, as long as you are legally on the property, you are owed a duty of care from the property owner and should be safe from hazards. However, you’ll likely need to prove that you weren’t negligent in any way as well while on the property. If there were signs marking you shouldn’t be in a certain area, or you’re wearing unsafe shoes, the hazard was open and obvious, or you were distracted by your cell phone at the time, you could be considered partially at fault.
You likely won’t have a case at all if you were illegally on the property or otherwise trespassing. When a person is trespassing on the property, they are not owed any duty of care because they are not allowed to be there. This means that even if the trespasser gets injured from a hazard on the property, they cannot make a premises liability claim because they weren’t allowed on the property in the first place.
Another law to consider surrounding premises liability is the statute of limitations. This tells you how long you have after the incident to decide to file a claim, and if you wait too long, you won’t be able to take legal action. The statute of limitations is three years after the date of your accident. After that period of time, you’re not eligible to file a claim against the negligent party.
That’s why it’s important to speak with a lawyer right away after your accident on someone else’s property. Our Santa Fe, NM premises liability attorney is prepared to take action as soon as possible. That way, your claim is taken care of, and you don’t have to worry about the timeline.
Common Causes of Premises Liability Accidents
Once you’ve decided to file a claim for the injuries and damages you sustained at the hand of a negligent property owner, you might be wondering if the cause of the accident was common. With your attorney’s help, you’ll know whether or not the cause of your accident constitutes a premises liability claim and if it’s a cause we commonly see in these cases.
Here are some of the most common causes of premises liability accidents in Santa Fe:
- Uneven floors and sidewalks
- Wet floors
- Icy and snowy sidewalks
- Objects on the floor
- Dangerous or collapsed stairs
- Poor maintenance for elevators and escalators
- Bad lighting
- Swimming pool injuries and accidental drowning
- Lead paint
- Dog bites
- Negligent security
When a situation like one or more of the above happen to you, you might be wondering if you have a case. Or if you don’t see what happened to you listed above, you could still have a premises liability case on your hands, depending on your status as a visitor and if a property owner’s negligence was involved.
You might have questions about your case and whether or not it’s viable, or if the cause of the accident is commonly seen, and your Santa Fe, NM premises liability lawyer can answer all these questions and more. When you hire an attorney to represent you, you can rest assured that they will guide you through the process and help you get the answers you deserve.
Injuries from Santa Fe Premises Liability Accidents
The main reason that you’re likely trying to take legal action against a negligent property manager or owner is because you suffered injuries from the accident you were in on their premises. You’ll need to prove that the owner owed you a duty of care, that they breached the duty, the breach caused you to be hurt, and your injuries led to damages. That’s why the details of your injuries are so important.
While you’ll need to prove their negligence through the four main elements, that still doesn’t change that you’ve been hurt and want to recover. Here are some of the injuries that you could sustain in a premises liability accident and might be trying to heal from while filing a claim:
- Scrapes and cuts
- Soft tissue injuries
- Traumatic brain injuries
- Spinal cord injuries
- Puncture wounds
- Gunshot or knife wounds
These aren’t the only types of injuries you can sustain from a poorly maintained property. Depending on what happened, you might have been harmed another way. Speaking with your lawyer about what happened is your best course of action in determining what you can do. Our Santa Fe, NM premises liability attorney is here to help you.
Buckingham Barrera Vega Law Firm Will Represent You
When you’ve experienced an unsafe premises and it led to you being injured, you could use the help of a Santa Fe, NM premises liability lawyer from Buckingham Barrera Vega Law Firm. We’re here to guide you through the claims process so that you can feel confident.
Deciding to take legal action can be intimidating. Let us handle the legal side of things for you so that you can have peace of mind. Reach out to our office today so we can get started with your free case evaluation.