Rio Rancho Premises Liability Attorney

Whether you go to a grocery store or a neighbor’s house, you have the expectation of being safe on someone else’s property.

Unfortunately, some property owners are negligent in providing a safe environment for visitors. If you were hurt because of a dangerous condition on someone else’s property in Rio Rancho, you don’t have to face the aftermath alone. A Rio Rancho premises liability lawyer is here to help you navigate this difficult time with care and determination.

At Barrera Law Group LLC, our team will listen to your story, investigate every detail of your case, and fight to hold negligent parties accountable. While you focus on healing, we’ll focus on building a strong claim to get you the support and resources you need to move forward.

Property owners are responsible for keeping their spaces safe, but when they fail to do so, you may be left with painful injuries, mounting medical bills, and time away from work.

Whether your injury happened from a slip-and-fall, poor lighting, uneven walkways, or overall unsafe conditions, you have the right to seek justice and fair compensation.

Where Can Premises Liability Occur?

Premises liability is a legal responsibility. It is the obligation of a property owner or the designated party who is managing that property to prevent injuries and damages from occurring.

When there is a clear-cut case of negligence on the part of the property owner, you are entitled to seek damages. Some of the common locations where a premises liability accident can occur include the following:

• Retail stores and shopping centers
• Grocery stores
• Convenience stores
• Restaurants and bars
• Fast food establishments
• Movie theaters
• Public parks and recreational areas
• Apartment buildings and rental properties
• Hotels and resorts
• Workplaces and office buildings
• Construction sites
• Parking lots and garages
• Private residences
• Sports arenas and stadiums
• Entertainment venues

If you’ve been injured on someone else’s property, it is essential to speak with the Barrera Law Group LLC to understand your options for pursuing damages. You shouldn’t automatically accept that a slip and fall accident is all your fault.

What Are the Different Statuses of Visitors to a Property?

Before you can establish a premises liability claim, you have to establish why you were on that property in the first place. This refers to your status as a visitor, and it also refers to the level of obligation that a property owner has to protect you.

Many states make a distinction between invitees and licenses. In those states, an invite is someone who is invited onto a property to benefit the property owner. A licensee is an individual who is granted permission by the property owner to enter a property, typically for their own purposes.

New Mexico utilizes a unified standard of care that applies to all visitors. That means that every property owner, whether they own a business or a home, needs to maintain a reasonably safe environment for guests who come onto their property. That reasonable care includes addressing hazards and warning visitors about potential dangers. A perfect example is when a store owner puts out a sign for a slippery floor, or a homeowner warns you about a wobbly step.

The exception to that standard of care is with a trespasser. A trespasser does not have any permission to enter a property, and the property owner doesn’t owe them any duty of care. However, the law holds that a property owner can’t set a trap for a trespasser that would harm them.

It is vital for your Rio Rancho premises liability attorney to clearly establish that you had a right to be on the property where the accident occurred. They also have to identify who specifically was in charge of that property. Was it the actual property owner or their tenant? This will become the foundation of your claim to determine who needs to be held accountable.

What Are the Different Categories of Premises Liability Claims?

Once you’ve established what type of visitor you are, you also have to develop the specific incident that caused your injury. It could be one of the following scenarios:

Slip and Falls

A slippery floor due to a spill, rain, or other liquid hazard in a grocery store, restaurant, or retail shop can lead to a slip and fall accident. You can also fall due to flooring hazards such as torn carpets, loose tiles, or hardwood.

Dog Bites

Dogs are classified as personal property. That makes the dog’s owner responsible for their pet’s actions. That also extends to when the dog is off the property. If a dog bites someone when it is out of its owner’s control, the owner can be held liable for any resulting damages.

Negligent Security

A property owner and their tenants need to anticipate potential hazards related to crime. That means exercising a duty of care for secure entries, lighting, surveillance cameras, and, in some instances, actual security guards. This is often related to properties that are in high-crime areas. A property owner should know if their neighborhood is safe.

Swimming Pool Injuries

A swimming pool is designed to provide endless hours of fun, but it can also be a source of danger. That is why pool owners need to take precautions, such as enclosing their pool with a secure gate or a cover. Even if a child wanders onto the property as a “trespasser,” and falls into the pool and gets injured, the pool owner can be liable.

Cracked Sidewalks

A cracked or buckled sidewalk can pose a significant hazard to anyone walking or riding a bike on the path. Often, there is a dispute about who is in charge of maintaining the sidewalk. Is it the property owner or the city of Rio Rancho? That is something that your premises liability attorney can help determine.

Premises Liability Frequently Asked Questions

If you’ve been injured on someone else’s property, you are entitled to seek compensation for your damages. It will help if you understand the scope of this type of claim and the potential challenges. We can help you understand your options, beginning with the answers to the questions.

What do I have to prove to succeed in a premises liability claim?

To succeed in a premises liability claim, you need to first establish who owned the premises and who was responsible for any repairs. Once you establish who is responsible for the property, you must prove negligence. That relates to failing to repair or warn about the hazardous condition. You need to establish the link between that negligence and your injury. For example, if the owner did not fix loose flooring and that caused you to trip, that is the proof. Finally, you have to demonstrate that you suffered damages as a result of the accident. These are all the elements that the Barrera Law Group, LLC can help with.

Does New Mexico’s comparative negligence rule impact premises liability cases?

The comparative negligence rule allows someone who is partially at fault for an accident to still receive compensation. The amount of that compensation would be reduced by the amount of fault you could be assigned. For instance, if it is established that you were 30% at fault for the accident, then your settlement will be reduced by 30%. Insurance companies will work hard to try to shift blame to reduce their exposure. Our goal is to help our clients establish clearly who is at fault and help them achieve the maximum benefits allowed.

Can I file a premises liability claim if I was injured on government property?

Yes, you can file a premises liability claim if you were injured on government property. However, there are additional complexities you should be aware of. For instance, you need to provide written notice of your claim within 90 days of the accident. There might also be certain government agencies that are immune to a personal injury claim. We’ll be able to provide that information in our first meeting.

What kind of compensation can I get from a premises liability case?

You are entitled to seek compensation for injuries caused by a negligent property owner. That compensation can include economic damages, including all medical expenses, such as surgery, hospitalization, physical therapy, and medication. These damages also include lost wages if the injury keeps you from working.

You would also be entitled to non-economic damages that include pain and suffering and loss of enjoyment of life. In extreme cases, you could be awarded punitive damages if the property owner’s conduct was especially reckless. For instance, if their premises were inspected and found to be in violation but those violations were ignored, that could be considered reckless.

Do I need an attorney for a premises liability case in Rio Rancho?

You are not legally required to hire a lawyer to file a premises liability case in Rio Rancho. However, when you consider the potential complications, you can appreciate how an experienced attorney can support your claim. You don’t want to become overwhelmed looking for evidence, researching property records, and deposing witnesses. We can take on those tasks while you focus on your recovery.

How long do I have to file a claim?

In New Mexico, the statute of limitations for personal injury cases is three years. That would include a premises liability claim. The three years begin from the day of the accident. The moment you have a sense of your injury prognosis, you should discuss the options with an attorney. Three years seems like a long time, but it can go by fast when investigations and potential civil trials are part of the equation.

Getting Help From a Rio Rancho Premises Liability Lawyer

At Barrera Law Group, LLC, we know how overwhelming it can feel to suffer an injury because of someone else’s negligence. You don’t have to go through this alone. Our team is here to listen, answer your questions, and guide you every step of the way. We’ll handle the legal details and fight for your best interests so you can focus entirely on your recovery and your family.

Reach out today to schedule a free, no-obligation consultation with a Rio Rancho premises liability attorney at Barrera Law Group, LLC. We’ll take the time to understand your situation, clearly explain your options, and provide the compassionate support you need during this difficult time.

Let us be the supportive, experienced legal team in your corner.