Taos Premises Liability Lawyer

Taos Premises Liability Attorney

When you visit somebody’s place of business or enter another person’s home, it is not unreasonable to expect or even demand safe practices. You should never have to worry about getting hurt due to the unexpected negligence of a homeowner or business owner. Trust that they are keeping their property maintained should be expected. If the owner fails to do that, a Taos premises liability lawyer can help you.

The legal team at Berenson & Associates, PC, understands how difficult it can be to establish a premises liability case and hold the right people accountable for their actions or inactions. We can use our knowledge and experience to assist you in fighting back against unfair safety management and negligent property owners. There are multiple ways that somebody could suffer because of a negligent property owner’s refusal to take the appropriate course of action.

What Is Premises Liability?

A premises liability case is a way to hold negligent business operators and residential homeowners accountable for any injuries or accidents that occur on their property as a direct result of their negligent behavior. Negligence becomes a factor whenever you can prove that the person who owns the property where the accident occurred did not act accordingly and failed to provide an expected level of safety, which inadvertently caused your accident.

If, for example, you encountered a wet floor in a supermarket that had not been mopped up and was not blocked off by a warning sign or a rope, it would likely be considered the owner’s fault if a customer or visitor were to slip on it and hurt themselves. This is a case of premises liability, and the victim would likely have a strong case with a Taos personal injury lawyer.

No matter the circumstances of your injuries, if they occurred on the property of another then you should speak with one of our attorneys who can help you understand the options you have.

Statute of Limitations

It can be a big decision to try and hold a property owner accountable for failing to provide safety precautions on their property. If you take legal action under premises liability, it is important that you pay close attention to the state of New Mexico’s statute of limitations for personal injury claims, including premises liability claims. Generally, the state will give you three years to establish grounds, build a case, gather evidence, speak with a lawyer, and file.

If you cannot bring your case to fruition before three years have passed, your case may be dismissed, your claim will be thrown out, and your chance to pursue compensatory damages will pass with no legal action taken. It can take quite a bit of time to build a strong premises liability case, so you may want to get started as soon as you can. If you are concerned your case isn’t strong enough, you can always see a lawyer to discuss it.

Proving Negligence

It is not always an easy task to prove negligence in a premises liability case, but it is an essential part of your claim. Without it, you may not be able to succeed. Even if you know that the owner failed to provide sufficient warning relating to a possible danger, proving it may be difficult.

To demonstrate negligence in your case, you will need to prove the following points:

• There was an expected duty of care since you were a customer or visitor who was welcomed onto the property legally.
• Hazardous elements were present on the property that represented a real threat to everyone’s safety.
• There was an existence of knowledge about the problem but did nothing to solve it.
• The owner’s failure to act is what directly caused your injury.

Taos Premises Liability FAQs

Q: What Is the Premises Liability Law in Taos, NM?

A: The premises liability law in Taos, NM holds property owners accountable for failing to provide safe conditions for visitors who are on their property lawfully. The law ensures property owners have an expected duty of care towards anyone who is welcomed onto their property and could be subject to a premises liability claim if they fail to uphold that duty of care.

Q: What Is the Statute of Limitations on Premises Liability in Taos, NM?

A: The statute of limitations for a premises liability case in New Mexico is three years, as the case is considered a personal injury claim. You will have three years from the date of the accident to develop a strong case, gather evidence that supports you, consult with a premises liability lawyer, and file a claim for compensatory damages.

Q: What Is the Civil Code for Premises Liability in Taos, NM?

A: The civil code for premises liability in New Mexico can be found in New Mexico Statutes Section 41-4-6. Here, it states that a government entity must have a legal interest and control of the property to be held liable for premises liability. Property owners are held to different standards and must provide safety to everyone who is welcomed onto their property.

Q: What Is the Difference Between Premises Liability and Personal Liability?

A: Who the liability applies to is one of the most challenging differences between premises liability and personal liability claims. Premises liability refers to an unsafe scenario that’s present on someone else’s property for which they could be held liable. Personal liability refers to one’s own actions that could potentially lead to an unsafe situation, such as a car accident.

Taos Premises Liability Lawyer

Expecting basic safety precautions when you are visiting a store or somebody’s home should not be an unreasonable request. If you are ever injured on someone else’s property and believe it is due to negligent behavior, you should immediately reach out to a premises liability lawyer who can help you develop a case.

The attorneys at Berenson & Associates, PC, understand how difficult it can be to develop a case involving negligence, but we are here to help. We can help you build up your case, gather the right evidence, and ensure your interests are protected. Contact us to schedule a conversation about your claim with a member of our team.