Martinez, Hart, Thompson & Sanchez, P.C.
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premises liability Archives

Premises liability and victim classification

Property owners owe a certain duty of care to those who enter their premises. When they fail to uphold this duty and an individual is injured as a result, then the victim can pursue a premises liability lawsuit in an attempt to recover compensation for his or her damages, which may include medical expenses and lost wages. However, one's success in one of these claims may be dependent upon how the duty of care is defined, which can vary depending upon the circumstances at hand.

The standard of care in premises liability lawsuits

Any time you are invited onto the property of another, whether you are visiting a friend's residence for dinner or going to the grocery store, you probably give very little, if any, thought to your physical safety. There are two reasons for this. First, you probably trust the property owner to ensure that his or her premises are safe. Second, premises liability laws can punish those who fail to quickly identify and remedy hazardous conditions. Yet, when a property owner fails to uphold his or her duty to keep his or her land safe for those enter, serious injuries can be suffered.

What is an attractive nuisance?

Children are among the most vulnerable in our society. For this reason, the law has put certain protections in place to help ensure their safety. One of these laws is the law of attractive nuisance. Under this law, a property owner can be held liable for injuries to a child when something on his or her property not only draws a child onto the premises, but also puts him or her in danger. Children are often unable to properly assess the risk they face, so this law imposes a special duty on property owners to either avoid these attractions, or take additional steps to ensure that children cannot easily access them.

Pursuing a premises liability lawsuit with the right help

Many residents of New Mexico who have been in a car accident or know someone who has are aware that it may be possible to bring a lawsuit against the at-fault party to recover compensation for their injuries. They may be surprised to hear, however, that if they are injured due to inadequate security or insufficient lighting on the property of someone else, they may be able to bring a premises liability lawsuit.

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Martinez, Hart, Thompson & Sanchez, P.C.
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Albuquerque, NM 87104

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