Las Cruces Premises Liability Lawyer

Premises Liability Attorney in Las Cruces, NM

When being on another person’s or a party’s property, you expect to have a level of safety. However, sometimes an individual suffers injuries due to unsafe conditions while on the premises. When this happens, the injured party may be entitled to compensation. At Berenson & Associates, PC, a Las Cruces premises liability lawyer can help you defend yourself to receive the damages you need after suffering an injury.

Acerca de Berenson & Associates, PC

The lawyers at Berenson & Associates, PC have more than 25 years of successful and results-oriented legal representation for pedestrian accident victims in Las Cruces, New Mexico. Our AV-rated founding attorney, Rachel Berenson, is a professional accident reconstructionist. We have the unique perspective and forensic experience to prove fault and help you obtain compensation for your premises liability case.

Su Las Cruces personal injury attorney can help you by clearly explaining your rights and legal options. Our team is ready to fight for your deserved justice in the Third Judicial District Court in Las Cruces or through negotiation with both tenacity and compassion. We provide services in English, Spanish, and Bahasa Indonesian.

Understanding Premises Liability Laws

Premises liability is a form of personal injury that occurs when a person is injured on another person’s property. This can happen due to unsafe issues on the premises, such as slippery floors, inadequate lighting, broken handrails, or uneven flooring. This can result in individuals falling or otherwise getting hurt, especially those who are elderly. In fact, one study showed that falls are a leading cause of injury in older residents of New Mexico.

More than 17% of the state’s residents are 65 years of age or older, and New Mexico is expected to rank fourth in the country in terms of the 65 years of age or older population by 2030.

In New Mexico, personal injury claims must be filed en un plazo de tres años following the date of the accident. If you are making a claim against a government agency, you have two years to file a claim and 90 days to give notice de la reclamación.

Conditions in Premises Liability Cases

A premises liability case can be caused by several reasons, but typically they stem from a dangerous condition on a property. This can happen in several ways, including:

• Improper safety measures for the weather
• Violent activity
• Lack of adequate security
• Violent animals
• Toxic chemicals
• Obstructions on the floor
• Poorly designed buildings

Additionally, just the presence of the dangerous condition is not enough for a premises liability claim. It must also be proven that the dangerous condition was known by the negligent party and they either created the condition, did not fix it, or did not warn the public about it.

How To Prove Premises Liability

If you were injured on another party’s property and want to file a claim for damages, you must prove certain elements to have a strong case. A Las Cruces premises liability attorney can help you do so. You must show:

• The owner or manager owed you a duty of care as a resident or visitor of the property: This typically does not extend to those illegally trespassing on the premises.
• The owner or manager breached that duty: When this duty is breached, it means that their actions or inactions resulted in an unsafe condition. An example would be a broken step on the outside of an apartment complex that the managers knew about but did not fix or even notify the public about.
• The breach directly caused your injury: For instance, if you tripped and fell on the broken step and broke your ankle, this would be causation.
• You suffered measurable damages: This can include medical expenses, lost wages, and pain and suffering. For example, if you had to miss work to be treated for and recover from your broken ankle, while also incurring medical expenses, these would be considered damages that you can claim.

Contratar a un abogado especializado en responsabilidad civil de locales

When you hire a premises liability lawyer, you have a knowledgeable advocate who knows how to prove negligence, how to gather evidence, and how to negotiate with insurance companies. Your lawyer can identify responsible parties and establish the total damage value while protecting you from efforts to diminish your claim. With legal representation, you stand a better chance of getting a fair settlement or winning in court.

Preguntas frecuentes

What Does Premises Liability Coverage Cover?

Premises liability insurance covers a property owner or renter if someone is injured by an unsafe condition on the premises. It can cover medical costs, legal defense, or settlements or judgments if the insured is found negligent or liable for a guest’s, customer’s, or other lawful visitor’s injuries. Such incidents may include slips and falls, structural problems, dog bites, or other accidents.

What Is the Statute of Limitations on Premises Liability in New Mexico?

In New Mexico, the statute of limitations on premises liability is typically three years from the date of an accident. A case against government entities or public property may have a reduced statute of limitations due to extra notification rules. If the statute of limitations expires, you may be unable to pursue compensation, so it is important to contact an attorney as soon as possible.

What Is an Example of a Premises Liability Claim?

An example of a premises liability claim could be if a grocery store had an oil spill in an aisle that was left sitting for a few hours, and no employee cleaned it, nor was there a wet floor sign available to alert the public. If a person slips and falls and suffers an injury, resulting in medical bills, they may have grounds for a premises liability claim.

What Is the Liability Limit In New Mexico?

Liability limits in New Mexico vary by the type of case and the defendant. Insurance coverage for private property owners will specify maximum payout limits. Claims against government entities are subject to the New Mexico Tort Claims Act, which has caps on damages. These limits determine how much compensation you may be able to claim, even in strong premises liability cases.

Las Cruces Premises Liability Lawyer

If you or a loved one was injured on another party’s property due to negligence, you may be entitled to compensation for your damages. Berenson & Associates, PC can help. Póngase en contacto con nosotros para una consulta.