If you’ve sustained a personal injury due to someone else’s negligence, the resulting physical and emotional turmoil can be overwhelming and hard to endure. You are likely looking for answers and resources, and that’s why we’re here. Our team of Albuquerque premise liability attorneys are dedicated to providing reliable legal advice that is both accessible and compassionate. For assistance, contact us to schedule a free consultation.
How an Albuquerque Premises Liability Lawyer Can Help
An Albuquerque premises liability attorney can help in various ways if you’ve been injured on someone else’s property due to unsafe conditions. For instance:
Premises Liability Lawyers have a deep understanding of the legal principles and regulations related to property owner responsibilities and liability.
An attorney has the resources to thoroughly investigate the incident to gather evidence, including photographs, witness statements, and any relevant documentation. If necessary, they can also enlist expert witnesses, such as safety professionals or medical experts, to provide testimony supporting your case.
Your lawyer will assess whether the property owner or manager was negligent in maintaining the premises. They will analyze if the property owner knew or should have known about the hazardous conditions that caused your injury.
Premises liability lawyers can help you determine the extent of damages you are entitled to, which may include medical expenses, lost wages, pain and suffering, and more.
They will negotiate with the property owner’s insurance company or legal representation to reach a fair settlement. This includes advocating for your rights and ensuring you are not pressured into accepting a low offer.
If a settlement cannot be reached, your lawyer can initiate a lawsuit on your behalf. They will handle all legal procedures, paperwork, and court appearances.
What Defines Premises Liability in Albuquerque?
Premises liability is a legal principle that holds owners and occupiers of a property liable for any injuries or harm that occur on their properties. Property owners in New Mexico must ensure their premises are free from hazards that can cause injury to visitors and must maintain them in a reasonably safe condition for any visitors who may come onto their premises.
If there is a hazard, the property owner must warn the visitor about the issue, otherwise, they might be liable for any resulting injuries or damages suffered by those visitors.
In Albuquerque, New Mexico, there is no differentiation between visitor status as there is in most other states (invitee or licensee). However, trespassers will not be able to file a successful Albuquerque premises liability claim for injuries they sustained while being on someone’s property illegally.
Types of Compensation Available for Accident Victims
Various types of compensation, also known as damages, may be available to the injured party depending on the circumstances of a premises liability case. These can include:
Compensation for current and future medical bills related to the injuries sustained on the property—such as costs for hospitalization, surgery, medication, rehabilitation, therapy, and any necessary medical equipment.
If the injuries lead to missed work days or the inability to work in the future, you may be entitled to compensation for the income you’ve lost and your reduced earning capacity.
Pain and Suffering
This refers to the physical pain and discomfort caused by the injuries. It is often a subjective form of compensation that takes into account the severity of the injuries and their impact on your overall well-being.
If the incident leads to significant emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD), you might be eligible for compensation to address these psychological effects.
Disability and Disfigurement
If the injuries result in a disability that affects your ability to perform daily activities or causes permanent disfigurement, you could receive compensation for the resulting limitations and changes to your appearance.
Loss of Consortium
In some cases, the spouse of the injured person may be entitled to compensation for the loss of companionship, support, and intimacy resulting from the injuries.
If personal property (such as clothing, electronics, or personal items) was damaged as a direct result of the hazardous condition on the property, you may be eligible for compensation to repair or replace those items.
In cases where the property owner’s actions were particularly egregious, intentional, or showed a blatant disregard for safety, the court may award punitive damages. These are meant to punish the responsible party and deter similar behavior in the future.
Types of Premises Liability Claims
The following are the most common types of premises liability claims:
Slip and Fall Accidents
This type of accident happens when a person slips or falls due to a hazardous condition on someone else’s property. Common hazards include uneven pavement, wet floors, poor lighting, and defective stairs or handrails.
Animal Attacks and Related Injuries
Dog owners can be held liable for injuries caused by a dog bite if the plaintiff can prove that the dog owner had prior knowledge of their pet’s dangerous propensities. This is known as a “one bite rule” because the owner isn’t usually strictly liable for their dog’s behavior unless they have prior knowledge.
Swimming Pool Injuries & Drowning Incidents
Property owners have a responsibility to ensure that swimming pools on their properties are safe for people who use them. If an injury occurs due to unsafe conditions at a swimming pool (for example, inadequate fencing around a pool or improper maintenance), then injury victims may have grounds for a premises liability case against the property owner.
Elevator & Escalator Accidents
Elevator and escalator accidents are another type of premises liability claim that can occur when property owners do not adequately maintain these pieces of equipment or fail to warn users about potential hazards associated with using them.
Elements of a Successful Albuquerque Premises Liability Claim
To successfully pursue a premises liability claim, the plaintiff must establish that the defendant was negligent in their duty to keep the property safe. To do this, four elements must be present:
The defendant (usually the property owner) had an obligation to maintain the property in a safe condition
The defendant breached this obligation by failing to use reasonable care
The breach caused an injury
The plaintiff suffered damages
If these elements are established, you may be able to recover damages for your injuries through a premises liability claim.
Why Hire Davis Kelin Law Firm For Your Albuquerque Premises Liability Claim?
At Davis Kelin Law Firm, our experienced Albuquerque premise liability lawyers have the skill and expertise to get results, and our track record speaks for itself. You should work with us because:
We have recovered millions of dollars on behalf of our clients
Our 50+ years of combined experience makes us highly experienced trial law attorneys