Albuquerque Premises Liability Lawyer

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 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. 

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 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 premises liability claim for injuries they sustained while being on someone’s property illegally.

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 owners do not properly 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 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.

Why Hire Davis Kelin Law Firm For Your Albuquerque Premises Liability Claim?

At Davis Kelin Law Firm, our experienced 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
• Our team is always available and we are willing to visit you at your home or even the hospital if necessary

For help with a premises liability claim, contact us today to schedule a free consultation.