Albuquerque Premises Liability Lawyer Serious Injuries Deserve Serious Representation
Albuquerque Premises Liability Attorney
Fighting for Premises Liability Accident Victims in Bernalillo County
Whether you are at a grocery store, mall, amusement park, or any other place of business, you expect that the property you visit will be reasonably safe. When business owners fail to maintain the safety of their property, make timely repairs, or post safety warnings, they can get hurt and suffer serious injuries.
Proving that dangerous property conditions led to your injuries is not always easy. It takes legal insight and a targeted strategy to challenge property owners and their insurance providers successfully. At Law Office of Nathan Cobb, we hold business owners responsible for injuries on their properties. Our attorney is a seasoned litigator who understands how to establish your injuries were caused by a property owner’s negligence. We are also ready to go to trial if that’s what it takes to get you fair compensation for the harm you’ve suffered.
Call the Law Office of Nathan Cobb (505) 572-1160 or contact us online to meet with our premises liability lawyer in Albuquerque!
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Understanding Premises Liability in New Mexico
Litigation over injuries suffered on dangerous property is an area of law known as premises liability. Many people think these cases are limited to slip-and-fall accidents, but the practice area encompasses injuries caused by dangerous conditions on private property.
New Mexico premises liability laws require business owners and operators to take appropriate measures to protect visitors from injuries caused by:
- Uneven, wet, or slippery stairs or walking surfaces
- Loose carpeting
- Poorly lit parking lots
- Broken or loose handrails
- Falling objects, such as items from shelves or improperly installed ceiling tiles
- Lack of security in known high-crime areas
Do I Have a Premises Liability Claim?
You don’t automatically have a premises liability case if you were hurt on someone else’s property. You must prove several elements to pursue a claim and recover compensation successfully.
First, you must establish that a dangerous condition existed on the property. A dangerous condition typically poses an unreasonable risk of harm to individuals on the premises, and you must show that this condition was the cause of your injuries. For example, this could involve a wet floor without proper warning signs or uneven pavement on a sidewalk.
Next, you must demonstrate the property owner’s negligence. Establishing negligence requires showing that the property owner knew or should have reasonably known about the hazardous condition and failed to take appropriate action to resolve or address it. This involves proving that the owner or occupier of the premises did not fulfill their duty of care, which is the legal obligation to keep the property reasonably safe for visitors. Evidence to support this might include maintenance records, witness testimonies, or photographic evidence showing the duration and visibility of the hazard.
Finally, you must show that you were lawfully on the property when you were injured, as this affects the duty of care owed by the property owner. In New Mexico, property owners generally owe a duty of care to invitees and licensees, individuals invited onto the property for business or social purposes, respectively. Trespassers, however, are generally owed a lower duty of care unless they are children, in which case unavoidable "attractive nuisance" doctrines may apply.
There are several situations where a premises liability claim might not be successful. For example, you may not have a strong claim if you were acting dangerously or engaging in reckless behavior at the time of the accident. The property owner's liability could be significantly reduced under New Mexico's comparative fault rules if your negligence contributed to your injuries. Furthermore, if the property owner had no actual or constructive knowledge of the hazardous condition, they might not be held liable. For instance, establishing negligence could be challenging if a hazard appeared suddenly and the owner had no reasonable opportunity to discover and address it, such as a spill occurring just moments before an accident. Additionally, if the safety hazard was marked with warning signs and you ignored these warnings, your claim might not hold up in court.
Our Albuquerque premises liability attorney understands the intricacies of New Mexico law and how they apply to these complex cases. If you aren’t sure whether you have a claim, we can evaluate what happened and help you understand your rights and legal options.
Liability for Dangerous Conditions on Public Property
While many premises liability cases involve private or commercial property, injuries on public property can also lead to legal claims. Public property, such as parks, sidewalks, and government buildings, is subject to specific maintenance and safety standards. If injuries occur due to poorly maintained public spaces, such as broken sidewalks, unmarked hazards, or inadequate lighting, injured parties may have a claim against the responsible government entity. However, pursuing compensation for injuries on public property often involves additional legal complexities, including strict notice requirements and shorter deadlines for filing claims.
Contact the Law Office of Nathan Cobb if you have suffered serious injuries due to a property owner’s negligence!
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Common Injuries in Premises Liability Cases
A trip or fall may not initially seem especially dangerous. While some premises liability accidents only result in cuts or bruises, others can cause catastrophic injuries that have long-lasting impacts on the victims' lives.
We encourage you to reach out to our team if you suffered any of the following types of injuries due to a safety hazard on commercial property:
- Amputations. Accidents on commercial property can lead to situations where limbs are traumatically injured, sometimes necessitating amputation. This could occur in faulty machinery, escalator entrapments, or severe crush injuries from falling objects. The loss of a limb requires lifelong adjustments, including prosthetics and extensive physical therapy.
- Severe burns. Premises liability claims may arise from exposure to unsafe hot surfaces, flammable substances, or electrical hazards, all capable of causing severe burns. These injuries often lead to significant pain, scarring, and disfigurement and may result in permanent disability that impacts the victim's quality of life and ability to work.
- Traumatic brain injuries (TBIs). A slip, trip, or fall accident can lead to a traumatic brain injury if the victim's head violently hits a surface upon impact. TBIs range in severity but can cause long-term cognitive, physical, and emotional challenges. Survivors may require extensive rehabilitation and support to manage ongoing health issues and lifestyle adjustments.
- Spinal cord injuries. Falls from significant heights, such as faulty balconies or stairs, can cause damage to the spinal cord. These injuries often result in partial or complete paralysis, requiring significant medical intervention and personal adaptive changes. The costs associated with spinal cord injuries can be substantial, influencing not only physical health but also psychological and financial well-being.
Compensation for Premises Liability Injuries in New Mexico
Although you may have been injured on commercial property, the business’s insurance company is often responsible for paying out a premises liability claim. These corporations hire lawyers who work hard to delay, complicate, or prevent legitimate lawsuits from reaching New Mexico courts. They may offer you an unacceptably low settlement or deny liability entirely.
Our team at Law Office of Nathan Cobb is familiar with insurance companies' methods to limit premises liability settlements. We can work with medical and financial experts to calculate the true scope of your losses and seek the maximum compensation you are entitled to under the law. We’ll also never ask you to settle for less than what you deserve, even if that means going to trial to fight for a just outcome.
Our Albuquerque premises liability lawyer can work to secure compensation for all losses, including:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
Statute of Limitations for Premises Liability Claims in New Mexico
If you have been injured due to hazardous property conditions in New Mexico, acting quickly to preserve your right to compensation is crucial. The state’s statute of limitations for premises liability cases generally allows you to file a lawsuit three years from the injury date.
Failing to meet this deadline may result in the court dismissing your case, leaving you without a legal remedy. However, there may be exceptions depending on the circumstances of your injury. For instance:
- Claims involving government entities often have shorter notice requirements and filing deadlines.
- Cases where injuries aren’t immediately apparent might allow for extended filing periods based on the “discovery rule.”
Consulting an experienced premises liability lawyer promptly ensures that your claim is filed within the required timeframe and helps protect your right to seek compensation.
Contact Our Albuquerque Premises Liability Attorney
Premises liability cases often involve intricate legal challenges, requiring a thorough understanding of New Mexico laws and substantial evidence to hold property owners accountable for unsafe conditions. If you’ve suffered an injury on private, commercial, or public property, seeking compensation can be essential to rebuilding your life. The Law Office of Nathan Cobb is dedicated to helping victims navigate the complexities of these claims and pursue the outcomes they deserve. Reach out today to learn how we can assist you in holding negligent property owners responsible and working toward a fair resolution for your case.
Contact the Law Office of Nathan Cobb today to schedule your free consultation with our premises liability attorney in Albuquerque!
