When Do I Need a Liability Lawyer?
No one plans to get hurt. It’s why they’re called accidents. However, sometimes mishaps occur because of another person’s carelessness or negligence. When that’s the case, it’s appropriate to seek out the expertise of a liability lawyer in New Mexico who can get you fair compensation for your injuries.
Whether you get hurt at a friend’s barbecue or slip and fall on a poorly maintained sidewalk at a local business, a liability lawyer can ensure your rights are protected.
What is a liability lawyer?
A liability lawyer in New Mexico is the legal professional to call when you’re injured on property owned by someone else. Premises liability claims allow you to recover the cost of medical care, lost wages, and other damages because of your injuries.
Choosing an experienced liability lawyer in New Mexico can influence the outcome of your case. An experienced attorney from a premises liability firm can evaluate your case and determine the best path forward. Pursuing a settlement might be what’s best. Other times, your attorney might recommend taking your premises liability claim to the courts.
What is the negligence law in New Mexico?
New Mexico is what’s known as a pure comparative negligence state. So, what does this mean for your premises liability case? Under New Mexico Statute 41-3A-1 (2021), the amount of damages you’re entitled to as the victim of a premises liability claim is reduced by the percentage of your fault in causing your injuries.
For example, let’s say you get burned on a grill while attending a summer barbecue at a friend’s house. The host didn’t ask you to use the grill and you knew it was hot when you approached it. You may have even been a little tipsy from drinking a few beers. Under New Mexico’s law, you may be partially responsible for your injuries because of your own poor judgment.
It doesn’t mean you won’t still get compensation for your premises liability claim. It just may be reduced by a percentage to accommodate your role.
What are some common liability scenarios?
Premises liability cases can stem from several common scenarios. Whether you know the property owner or are just passing through, the law still applies. Here are some of the most typical conditions that can lead to the need for a liability lawyer.
Pet owners are expected to keep their animals under control. Even if their dog or other pet usually is docile, animals can be unpredictable, and owners must be prepared to protect their guests from the possibility of getting bitten.
If you are on someone’s property with their permission and their pet bites or otherwise injures you, they are 100 percent responsible. Sometimes in these instances, the pet owner offers to cover your medical costs. However, that might not be sufficient depending on your injuries. Consulting with a liability lawyer can ensure all your rights are protected.
Construction Site Negligence
‘Tis the season for construction. Whether it’s the state department of transportation making improvements to local roadways, or a construction crew erecting a new building, you can become injured if the work crews don’t follow proper protocol.
Any time a work crew fails to warn of potential dangers, the construction company or property owners (or both) can be held liable for your injuries.
Inadequate Property Maintenance
Property owners must maintain their buildings and grounds, so others are not at risk for injuries. Cracked or slippery sidewalks and stairs are perfect examples of inadequate property maintenance that can lead to someone getting hurt.
Even if you do not have permission to be on someone’s property, they still can be liable for your injuries if their property is poorly maintained.
Slick surfaces spell trouble for property owners because it creates the ideal environment for slips and falls. They are among the most common reasons why people seek out the help of a liability lawyer from a premises liability firm.
Falls account for more than 8 million emergency room visits each year in the U.S. Of those who seek treatment, fractures are the most serious injury.
What should I do after a premises liability accident?
Time is of the essence when you have a potential premises liability claim. You have three years from the date of your accident to file a premises liability claim against the responsible party. If a government entity is involved, the timeframe is reduced to two years.
A premises liability firm can guide you through the process to ensure your rights are protected while building a case. Scott Atkinson is an experienced liability lawyer in New Mexico, with more than 30 years under his belt.
Contact our offices to schedule your no-obligation consultation and free case review. Call 505-944-1050 or request an appointment online.