Premises Liability Attorney in Albuquerque, NM

Common Types of 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 Albuquerque, 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 Albuquerque premises liability lawyers can help you seek maximum compensation.

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
• Video footage
• Witness statements
• Expert testimony and evidence

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.

What Is Your 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.