Defective Property Accidents in Albuquerque
The Albuquerque slip and fall attorneys at Parnall Law Firm provide knowledgeable counseling and representation to individuals who have been injured by defective or dangerous conditions on another’s property. Since 1997, our lawyers have represented clients in personal injury claims, including premises liability cases. We can help you assert your rights against the property owner or other party responsible for your injuries. Contact our office today to discuss your case.
Defective Property Conditions
Defective property conditions cause a number of slips, falls, and other accidents each year. According to the National Safety Council, slips and falls accounted for 8.9 million emergency room visits in 2011. Many of these falls were the result of dangerous or defective conditions on the property, including:
- Uneven surfaces, such as floors or pavements
- Defects on stairs or steps
- Pools or other artificial conditions on the property
- Lack of surveillance cameras or other security
Property owners are responsible for potentially hazardous conditions on their property. If they fail to repair or warn visitors of any defects, a person can suffer serious injuries as a result of their carelessness.
Defective Property Conditions and Property Owner Liability
Defective property conditions are often the result of a property owner’s negligence. If you are injured because of an unreasonably dangerous condition on someone else’s property, you can hold the property owner accountable for his or her negligence under the legal theory of premises liability.
As the plaintiff, you have the burden of proving the property owner’s negligence. Negligence is a person’s failure to perform an act that he or she is under an obligation to perform and which a reasonably prudent person would perform, in the exercise of ordinary care, to prevent injuries.
Property owners in New Mexico have a duty to visitors on their property. They must exercise care to keep their property safe. This obligation to exercise care includes maintaining the property in safe conditions and repairing any defects on the property, even if the dangerous condition is open and obvious. If a property owner fails to keep the premises safe and causes a visitor’s injuries, then the property owner is liable for damages that result from the harm.
If a third party harms a visitor, the property owner may be liable for injuries if there is a foreseeable risk that a third party would harm a visitor. The amount of care a property owner uses rises as the risk of danger increases. For example, if there is an uptick in the amount of criminal activity around the property, the owner must take measures to protect visitors from becoming victims of crime.
Trespassers and Children
Property owners generally do not owe a duty of care to trespassers on their property. The duty does, however, extend to children. Under the attractive nuisance doctrine, property owners have a duty to prevent injuries to children whom they know will, or may, trespass on the property because of an artificial condition. If the trespassing children are too young to understand the dangers posed by artificial conditions, such as a swimming pool, then property owners must take measures to protect them from unreasonable risk of injuries.
Comparative Negligence
A property owner may allege that your lack of care contributed to your injuries. While your own negligence may have played a role in your injuries, it does not prevent you from recovering damages. New Mexico is a comparative negligence state. A court will compare your negligence to that of the defendant, and you can recover damages in proportion to your degree of fault, regardless of how much you were at fault for your injuries.
Defective Property Injury Compensation
You can potentially recover damages for your injuries, including past and future medical bills, lost wages, pain and suffering, and more. You can initiate a claim for wrongful death if a relative suffered a fatal injury because of a defect on the property. You can recover for your loved one’s medical expenses, funeral costs, and other damages.
Representing The Injured After a Defective Property Accident
Bert Parnall and the Albuquerque slip and fall injury lawyers at Parnall Law Firm are prepared to fight for your right to compensation. Our attorneys have helped injured victims hold careless property owners accountable for their failure to correct dangerous conditions on their property. We can provide you with capable, individualized representation to help you get the compensation that is appropriate for your injuries. Call us at 505-985-5355 or complete our online form to schedule a no-obligation consultation today.
