Premises Liability Attorneys in New Mexico
Were You Injured Because of a Property Owner’s Negligence?
If you have been injured at another person’s home or business, you may be unsure of your rights. Visitors are protected by premises liability laws, which allow injury victims to hold property owners liable for injuries caused by dangerous conditions. We can help you file a premises liability claim so you can get the compensation you deserve.
The New Mexico premises liability lawyers of Lyons & Simmons, LLP can guide you through your case. We will fight for you and protect your rights — contact us today to learn more about how we can help you.
What is Premises Liability?
Premises liability claims allow people who have been injured on another person’s property to receive compensation for their damages. In this area of the law, people who own property are considered legally responsible for creating safe conditions and protecting their visitors from injury.
In order for a premises liability case to be considered viable, the following conditions must be met:
An injury must have occurred on another person’s property
Injuries must have been caused by dangerous conditions on the property
The property owner must have been aware of the dangerous conditions and failed to correct them
Types of Premises Liability Cases
An injury victim may be able to raise a premises liability claim if their injuries were caused by dangerous conditions at another person’s home or business. Although cases commonly focus on the physical conditions on a property (for example, wet and slippery floors), a case can also be brought forth for conditions that contribute to an unsafe environment, such as inadequate security.
Some of the most common causes of premises liability cases include:
- Slip and fall accidents (wet and slippery floors, loose floorboards, etc.)
- Swimming pool injuries (unfenced pools, slippery decks, pool chemicals, etc.)
- Inadequate security
- Falling objects
- Toxic exposure
- Electrical issues
- Poor lighting
Are Trespassers Protected by Premises Liability Laws?
A person cannot file a premises liability claim if they were injured while trespassing. By breaking the law and trespassing on a property, a person waives their right to file a premises liability claim. Premises liability laws only apply to people who are invited to a property.
There is an exception to this rule if the “trespasser” is a child. For example, a child may wander into their neighbor’s yard to play in their swimming pool. Young children are not legally considered as trespassers because they are most likely not aware that they are not supposed to be on the property where they are “trespassing.” For this reason, children are protected under premises liability laws. These cases are considered partly under what is known as the “attractive nuisance doctrine.” The doctrine defines things which may cause a child to enter a property as “attractive nuisances” and labels such things as dangers to children. Property owners who do not protect children from attractive nuisances on their property — for example, by fencing in a pool — can be held liable for resulting injuries.
Contact Us to Discuss Your Case
We can help you get started on your premises liability claim today. We are available to discuss the details of your case, answer any questions you may have, and guide you through the steps of filing a claim. Contact us today to start working toward recovering the compensation you deserve!