Types of Premises Liability Cases
Property owners have an obligation to maintain a safe, secure place for others. If they fail in these duties, visitors to their property face an increased risk of injuries and accidents, some of which can be serious.
After an injury, the last thing on your mind might be legal action. However, holding the responsible property owner accountable for his misdeeds not only helps in your recovery, it can also prevent harm to other people. That’s why Martinez, Hart, Thompson & Sanchez, P.C. is so dedicated to premises liability cases. Because we live and work in Albuquerque, we take pride in the city and the great state of New Mexico. Part of this pride is holding property owners to a high standard and ensuring they follow all laws and guidelines regarding maintenance and care of buildings.
How Premises Liability Cases Occur
There are many incidents that can occur when a property is not kept up, including the following:
- Slip and Falls: Slick, slippery floors inside grocery stores and retail shops can cause significant injuries to shoppers. Problems with flooring, such as torn carpets, many also contribute to a person’s tripping hazard.
- Dog Bites: Dogs are considered personal property, so their owners are held responsible when they cause injuries by biting. Dog owners must keep in control of their animals at all times, whether on or off their property.
- Negligent Security: Property owners and occupiers have a duty to protect visitors from a foreseeable risk that a third person will injure a visitor. As the risk of danger by that third person increases, the property owners and occupiers’ duty to exercise care through proper security measures also increases.
- Swimming Pool Injuries: Swimming pools can be very hazardous, especially to young kids. Pool owners are obligated to take the proper precautions, such as covering their pool at night and restricting access by outside individuals, to prevent injuries to others.
- Cracked Sidewalks & Driveways: Cracks in concrete or asphalt pose a tripping hazard to friends, neighbors, and passersby. That’s why these deficiencies should be addressed as soon as they’re identified by the property owner.
- Carbon Monoxide Exposure: Carbon monoxide is deadly serious. It is a silent killer because it can cause great harm before anyone realizes its presence. It has no smell, taste, or color. A property owner has a duty to reduce the risks of carbon monoxide exposure by having a proper detection system throughout the property.
Evidence Needed to Prove Premises Liability
Property owners must be shown as having a duty of care to the injured person. This duty is established by their status as property owner, which means they’re obligated to provide visitors to their home or business reasonable protection from injury and harm.
Next, it must be established that the property owner breached their duty of care. For example, a property owner who neglects to fix a broken pipe that causes a water leak, which then causes a customer to slip and fall, could be held liable if it can be proved that the owner was aware of the issue but chose not to act.
Finally, the injured party must show a direct link between the injuries sustained and the property condition. This entails compiling evidence and presenting it to the court or insurance company deciding on the case.
We Provide Legal Help to Clients
Martinez, Hart, Thompson & Sanchez, P.C. is proud to have the respect of our clients throughout New Mexico. We’re equally proud of our reputation among our peers, who often refer complex and complicated cases to our firm.
If you’ve suffered an injury because of derelict property conditions, our team of attorneys is here to help. Schedule a free initial consultation today by calling 505-343-1776. If you’d like more information on our legal services, please contact us.