Rio Rancho Premises Liability Lawyer

Premises Liability Attorney in Rio Rancho, NM

Suffering an injury caused by a hazardous condition on someone else’s property can be physically, emotionally, and financially devastating. If you tripped and fell in a parking lot, stumbled over uneven flooring in a store, or were hurt on a residential property, a Rio Rancho premises liability lawyer at Berenson & Associates can bring our experience, forensic analysis, and generous advocacy to your case.

About Berenson & Associates – Rio Rancho Personal Injury Attorneys

Berenson & Associates, PC, applies the same quality care and focus to premises liability cases that we do for other personal injury and motor vehicle accident cases. Our firm was founded by Rachel Berenson, an AV-rated attorney with years of litigation experience, including in reconstruction.

We take the time to know your case, make sure you understand your options, and walk you through the process with confidence. We know how local insurers work, and we have no problem taking your premises liability claim to trial in Rio Rancho or Bernalillo County.

What Is Premises Liability?

A premises liability claim is a type of personal injury law. Premises liability claims emerge when injuries happen due to unsafe conditions on property owned by another, and the property owner fails to fulfill their duty of care. Some of the most common premises liability claims stem from:

• Slips and falls
• Unsafe stairs and handrails
• Poor lighting
• Inadequate security
• Defective or uneven flooring

Falls are a primary cause of injury in one study that included older New Mexico residents. More than 17% of New Mexicans are 65 years of age or older. New Mexico is projected to rank fourth in the nation for the percentage of the population 65 years of age or older by 2030.

Filing Premises Liability Cases

In New Mexico, premises liability is a type of personal injury. The statute of limitations for personal injury claims in New Mexico, including slip and fall accidents, is three years beginning on the date of the accident. However, if you are filing a claim against a government entity, you have two years to file a claim and 90 days to provide notice of the claim. For a claim to be successful, the following must be proven:

• Duty: You must show that the property owner or manager had a duty of care to you and other visitors to keep the premises safe. Keep in mind, this may not apply to those who are trespassing.
• Breach: It must be proven that the owner breached this duty by not performing certain tasks, such as inspecting or repairing known hazards.
• Causation: You must show a direct link between their breach and the injury you suffered.
• Damages: You must show that you suffered actual damages, such as medical bills, injury, lost income, and pain and suffering.

A Rio Rancho premises liability attorney can help you gather the evidence you need and build a strong claim to fight for compensation.

What To Do After You’re Injured on Someone Else’s Property

If you’re injured on someone else’s property, what you do (and do not do) after the accident may have a significant impact on your claim. First, it is essential that you seek medical attention as soon as possible and follow through with your treatment. Not only is this important for your health, but it is also for your claim.

Take photos of the dangerous condition that caused your slip and fall accident, the injuries you suffered as a result, and any other conditions that may have contributed to the incident, such as poor lighting or weather conditions.

Notify the property owner or manager of the incident and ask them to provide a written report of the accident, if possible. However, be cautious of making statements, signing documents, or speaking to insurance adjusters before consulting with an attorney, as this could potentially harm your claim. Finally, hire a premises liability lawyer right away. They can walk you through the legal process.

Hire a Premises Liability Lawyer

A premises liability attorney brings essential legal skills together with resources and representation to confront property owners and insurance firms. A lawyer understands how to establish liability, preserve evidence before it’s lost, and assess the full value of your losses.

An attorney will take care of communications and deadlines and handle negotiations to prevent you from losing your chance to recover or damaging your claim. Insurance adjusters know how to downplay your injuries or assign blame without legal support.

FAQs

Is Premise Liability Hard to Prove?

Premises liability cases can be hard to prove because there must be evidence that the owner owed a duty of care, breached that duty, and directly caused your injuries. Collecting evidence like maintenance records, photos, witness statements, and professional testimony is crucial. A competent lawyer assists with establishing liability when the property owner rejects responsibility, and insurers attempt to reduce the claim amount.

What Is the Premises Liability Law in New Mexico?

The premises liability law in New Mexico states that owners of land or property have a duty to keep their property reasonably safe for all lawful visitors. Owners can be liable if they do not make repairs, if they fail to warn people of dangerous conditions, or if they do not use reasonable care in other ways. There are specific rules for claims involving public property, including public property owned by the state of New Mexico.

How Do I File a Civil Claim in New Mexico?

To initiate a civil claim in New Mexico, you contact an attorney to assess your claim. The lawyer prepares and files a complaint in court, then serves the defendant. The claim proceeds with discovery, motions, and settlement or trial. Following the statutes of limitations and court rules is crucial to maintain your ability to recover.

What Types of Injuries Are Common in Premises Liability Cases?

Common injuries in premises liability cases can include several problems, depending on the circumstances. Broken bones, head trauma, spinal injuries, sprains, cuts, or burns are common premises liability injuries. These can happen due to slips, trips, falls, and other injuries from unsafe railing, slippery floors, poorly lit corridors, lack of security, and poorly kept stairs.

Rio Rancho Premises Liability Lawyer

If you were injured on someone’s property, you may be entitled to compensation. Berenson & Associates, PC can help. Contact us today to get started.