Martinez, Hart, Thompson & Sanchez, P.C.
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Premises Liability Archives

Tennis player wins premises liability lawsuit

Most Albuquerque residents don't think twice before stepping onto the property of another. Whether it be a grocery store, a friend's house, or an entertainment venue, most of us simply assume that the property is safe. In the vast majority of instances, these premises are kept safe from hazardous conditions. In many other cases, though, property owners fail to remedy dangerous conditions that they either knew about or should have known about. When this happens, unsuspecting visitors can wind up suffering extensive harm.

What is an attractive nuisance?

Previously on the blog we have discussed the elements of premises liability. In short, those who own property have a duty to keep the premises safe from hazards when individuals are invited onto the property. Generally speaking, those who trespass onto the property of another are owed no duty of care, which means that if they are injured by a dangerous property condition, then they probably won't be able to succeed on a premises liability lawsuit. However, there is one major caveat to this general rule.

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.

Competent legal representation for premises liability claims

A few weeks ago on the blog we discussed the duty of care owed to individuals who enter onto the premises of another. The entrant's classification can affect how the applicable duty of care is applied, which means it could make it easier or harder to succeed on a premises liability claim. Regardless of one's status, though, pursuing one of these claims can be difficult, especially when the defendant is a business. These entities, in an effort to protect their money and their reputation, oftentimes go to great lengths to put these matters to rest. This may mean taking the case to trial, or it may mean offering a settlement that is much less than the case is worth.

Can I sue the government after an injury on federal property?

Imagine you enter a federal office building, and while you're riding in an elevator things go haywire. The elevator lurches upward so fast that you take a serious tumble and injure yourself. Such an accident was clearly not your fault, but can you sue the federal government to recover damages?

Duty of care owed in premises liability cases

Visiting a local business or a friend's house should not be a scary experience. Fortunately, very rarely do people visit these places and find themselves in harm's way. Yet, sometimes property owners, including store owners and social acquaintances, fail to properly identify and/or remedy dangerous property conditions. This may include wet floors, torn carpets, and inadequate lighting, just to name a few hazardous conditions. Those who do wind up hurt on account of one of these conditions may be able to pursue a premises liability lawsuit against the property owner in hopes of recovering compensation for their damages.

Slip and fall accidents can cause serious injuries

When you enter onto the premises of another, such as a grocery store, you expect it to be free from hazards. If such a hazardous condition does exist, such as a wet floor, you probably expect it to be marked so that you can exercise proper precaution. Yet, far too many times, property owners in Albuquerque fail to quickly identify and timely remedy dangerous property conditions, whether they be a wet floor, icy sidewalk, or torn carpet. These conditions can leave invitees susceptible to injuries when a slip-and-fall or trip-and-fall accident occurs.

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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Albuquerque, NM 87104

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