Martinez, Hart, Thompson & Sanchez, P.C.
800-698-1773 | 505-633-8770

The 'reasonable person' in premises liability cases

New Mexico residents who enter a business expect to carry out their task without having to worry about their safety. In fact, this idea is so ingrained in us that we don't even think about how to protect ourselves when entering into the premises of another. However, every year many New Mexico residents wind up injured in preventable slip-and-fall accidents. The resulting injuries can be so severe that they leave victims with extensive physical pain and suffering, as well as financial damages in the form of medical expenses and, if they need to take off work to recover, lost wages.

Fortunately, victims may be able to recover compensation for their damages if they successfully pursue a premises liability lawsuit. In order to succeed on one of these claims, though, a victim must prove certain legal elements. Among these elements is that a property owner should have known, if he or she did not in fact know, about the dangerous condition because a reasonable person in his or her position would have recognized it.

This reasonableness standard can be hard to pin down. However, there are certain factors that one can look at when building this element of a case. For example, one can consider how long the hazardous condition had been present prior to the accident. It may also be worth considering the cleaning or monitoring schedule the property owner typically undertakes. When an accident involves tripping, one must consider whether the property owner had a good reason for having the tripping hazard in place at the time of the incident.

These factors may sound easy to assess, but it can actually be quite tricky, especially when a property owner is not forthcoming. In these instances, one may need to take proper legal action in the form of discovery and depositions to ensure that the truth of the matter is identified and presented to the court. With help handling these issues, New Mexico residents can turn to qualified legal professionals.

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Martinez, Hart, Thompson & Sanchez, P.C.
1801 Rio Grande Blvd NW
Suite A
Albuquerque, NM 87104

Toll Free: 800-698-1773
Phone: 505-633-8770
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