Santa Fe Premises Liability Cases
Premises liability accidents are any accident that occurs on someone else’s property. But you will only have grounds for a claim under specific details, which we explore below. Premises liability cases in Santa Fe, NM could be any of the following:
- Swimming pool accidents
- Dog bites
- Slip-and-falls
- Negligent security
- Trampoline accidents
- Elevator and escalator accidents
- Inadequate maintenance
- Inadequate security
Were you injured in any of the previously mentioned accidents? or another accident not listed? The Law Giant team and our dedicated Santa Fe premises liability lawyers can help you seek maximum compensation.
Common Santa Fe Premises Liability Locations
Santa Fe’s unique blend of historic architecture, modern shopping centers, and tourist attractions creates various premises liability scenarios. Our experienced attorneys have handled cases involving accidents at:
Shopping Centers and Retail Locations
- DeVargas Center: With over 50 stores including Sprouts, HomeGoods, and Ross, this shopping center sees heavy foot traffic that can lead to slip-and-fall accidents
- Santa Fe Plaza: Historic downtown area with shops, galleries, and restaurants where uneven sidewalks and poorly maintained walkways can cause injuries
- Sena Plaza: Historic compound with boutique shops and restaurants where visitors may encounter hazardous conditions
- El Centro: Shopping area near the Plaza where premises liability accidents can occur
Entertainment and Tourist Venues
- Meow Wolf Santa Fe: The popular immersive art experience with interactive exhibits where visitors may be injured due to inadequate safety measures or poor maintenance
- Hotels and Resorts: Santa Fe’s numerous hospitality venues where guests may slip and fall in lobbies, restaurants, or pool areas
- Restaurants and Cafes: From casual eateries to fine dining establishments throughout the city
- Art Galleries and Museums: Canyon Road galleries and other cultural venues where visitors may encounter unsafe conditions
Residential and Commercial Properties
- Adobe and Historic Buildings: Santa Fe’s characteristic architecture may present unique hazards such as uneven floors, crumbling walls, or inadequate lighting
- Apartment Complexes: Multi-unit housing where residents and visitors may encounter dangerous conditions
- Office Buildings: Commercial properties where employees and visitors may be injured
- Parking Lots and Garages: Both public and private parking areas throughout Santa Fe
Determining Fault in Premises Liability Accidents
One of the most critical elements of any case is establishing fault. It is the only way you can be sure that your claim will be successful. Your premises liability attorney will need to analyze the details of your case. This will allow them to build a case against those responsible for your injuries.
For most premises liability cases, the property owner where the accident occurred will be liable. This is because they must ensure that their premises are safe for all invited guests and patrons.
But that doesn’t mean property owners are the only party who could have contributed to your injuries. Depending on the type of accident, multiple parties could be at fault.
Evidence in Premises Liability Cases
Your lawyer will need to go over your case to figure out who played a part in causing your accident. To build a case against the liable party, your lawyer will gather evidence. Some of the most critical pieces of evidence that could support your case are:
- Photographs of your injuries
- Medical records
- Photographs of the accident scene
- Video footage
- Witness statements
- Expert testimony and evidence
- Property maintenance records
- Security footage from establishments
- Weather conditions at the time of the accident
New Mexico Premises Liability Laws
As you prepare to move forward with your claim, you need to know which laws could have the most significant impact on your premises liability claim.
Comparative Negligence
NM follows a pure comparative negligence system. This means that you can still be awarded compensation even if you are partially at fault for your injuries.
However, you can expect your award to be reduced to account for your portion of the blame. For example, let’s say you were 10% to blame for the fall or accident that caused your injuries. This is the percentage you can expect your claim to be reduced by.
Statute of Limitations for Premises Liability Claims
One of the most important personal injury laws that could affect your case is New Mexico’s statute of limitations. Here, you will only have three years to file your claim. Technically, this is three years from the date of the accident.
But if you weren’t diagnosed until later, the statute may be extended. Every case is different. But your attorney will be aware of these deadlines. They will ensure that your chance to file your claim doesn’t run out over a legal detail like the statute of limitations.
The Open and Obvious Doctrine
The open and obvious doctrine is one of the more common defenses used in premises liability lawsuits. This states that if a danger is out in the open and would have been obvious to any reasonable person, the property owner may not be held accountable.
For instance, if a restaurant puts up a bright yellow “Wet Floor” sign near or on a wet floor, they tell others this area is dangerous. Anyone proceeding despite this sign does so at their own risk.
Santa Fe-Specific Premises Liability Considerations
Santa Fe’s unique characteristics present specific premises liability challenges:
Historic Architecture
Many of Santa Fe’s buildings feature traditional adobe construction and historic design elements that can create unique hazards:
- Uneven or deteriorating adobe surfaces
- Non-standard step heights and walkway irregularities
- Inadequate lighting in historically preserved areas
- Narrow doorways and passages that don’t meet modern safety standards
Tourist-Heavy Areas
High-traffic tourist destinations require additional safety considerations:
- Overcrowding at popular venues like Meow Wolf or the Plaza
- Distracted visitors unfamiliar with local terrain and conditions
- Language barriers that may prevent understanding of warning signs
- Seasonal weather conditions affecting walkway safety
Government and Municipal Properties
Santa Fe has numerous government-owned properties with special liability considerations:
- City-owned sidewalks and public areas around the Plaza
- County and state government buildings
- Public parking areas and municipal facilities
- Parks and recreational facilities
What Is a Premises Liability Lawsuit Worth?
You have the right to be repaid for every single loss and damage you endured. This includes your economic damages and non-economic damages.
Economic and Non-Economic Damages
Economic damages refer to your monetary losses. These are often the most common losses and include:
- Loss of income
- Medical expenses (both current and future)
- Medical equipment
- Childcare expenses
- Household maintenance costs
- Property damage
- Diminished earning potential
But non-economic damages consist of the other ways that your life has been negatively affected. Some examples of non-economic damages include:
- Lost quality of life
- Loss of closeness and love
- Physical pain
- Mental anguish
- Nuisance
You will need to work closely with your lawyer to account for each loss if you hope to be awarded maximum compensation for your suffering.
Punitive Damages
Punitive damages are unlike the compensatory damages you deserve. While rarely awarded, the court may determine that you should be paid punitive damages if it finds the liable party’s actions to be egregious or grossly negligent.
Steps to Take After a Premises Liability Accident in Santa Fe
If you’re injured on someone else’s property in Santa Fe, taking the right steps immediately can significantly impact your case:
- Seek immediate medical attention, even if injuries seem minor
- Report the incident to the property owner or manager
- Document everything: Take photos of the accident scene, your injuries, and any hazardous conditions
- Gather witness information from anyone who saw the accident
- Keep all medical records and receipts related to your treatment
- Avoid giving statements to insurance companies without an attorney present
- Contact a Santa Fe premises liability attorney as soon as possible
Why Choose Law Giant for Your Santa Fe Premises Liability Case
Our Santa Fe premises liability attorneys understand the unique challenges of pursuing claims in New Mexico’s capital city. We have extensive experience with:
- Historic property liability issues
- Tourist venue accidents
- Government property claims
- Shopping center and retail accidents
- Residential complex injuries
We know the local courts, understand Santa Fe’s unique architectural and geographical challenges, and have the resources to thoroughly investigate your claim and fight for maximum compensation.
