Overview of premises liability, Part 2

Premises liability involves claims where persons are injured on the property belonging to someone else. As discussed in a previous post, premises liability actions are based on injuries suffered by someone while on the premises of another. A prior post discussed the generic rules which could hold a property owner held liable for the injuries that someone sustains while on their property. This post will discuss these concepts as they apply to New Mexico law.

In New Mexico, a property owner or occupier owes a visitor the duty to use ordinary care to keep the premises safe for use by the visitor, which includes a duty to safeguard each visitor that that could be foreseen to be injured by a danger avoidable through exercise of reasonable precautions. In short, a property owner must avoid creating or permitting an unsafe condition to exist on the premises.

Thus, the primary question is whether there is an unsafe condition on the premises. If so, the next question is whether the property owner or occupier failed to take reasonable precautions to protect visitors.

If you were injured in a premises liability incident then you may want to call a lawyer. A lawyer can go over how best to pursue compensation.