No one plans on getting injured, although most people have health insurance to help pay for the expenses associated with such an event. When New Mexico residents are injured by a dangerous condition on another person’s property, they may be able to pursue a lawsuit to help them recover financial compensation to cover expenses associated with the injuries.
How does one proceed with such a claim? There are some basics elements of a premises liability claim that need to be established. First, the status of the visitor to the property must be determined. A guest or invitee to the property is present at the property owner’s request. Therefore, a visitor with this status has the strongest standing to proceed with a lawsuit if an incident occurs.
A licensee has the consent of the property owner to be on the property but may not have been specifically invited to the property for a specific purpose. Lastly, a trespasser on the property was not invited to the property and did not have the property owner’s consent to be there. Thus, for a trespasser, only the smallest exceptions would lead to a strong claim.
After the status of the visitor, the most important part of a premises liability claim is the nature of the dangerous condition on the property. How long was it there? Did the property owner know about it and fail to fix it? Was it foreseeable that a visitor to the property might be injured by the dangerous property condition? These, among other questions, must be answered in determining the strength of a premises liability claim.
If you have been injured in an accident on another’s property, it might be helpful to contact an attorney to address any questions you have.