New Mexico is a beautiful state with huge amounts of open land that can be used for recreational purposes, whether it be hiking, biking, swimming, fishing, or hunting. To encourage landowners, including local governments, to open up their land to the public, New Mexico lawmakers have passed a recreational-use statute that provides immunity from liability for some accidents that occur on a party’s land.
Not all landowners are immune from liability, however. After an accident occurs, the burden is on the landowner to prove that they are entitled to recreational-use immunity. In order to qualify, the landowner must establish that they did not receive any compensation from the person who was injured on their land. Even then, there are several exceptions that apply. A recent case illustrates how another state court handled a slip-and-fall plaintiff’s claim against a city for an injury that occurred in a public park.
The Facts of the Case
The plaintiff planned on watching the 4th of July firework display at a park that was owned and operated by the defendant city. The plaintiff arrived at the park in the morning, and upon exiting her car, she made her way past a set of vertical poles used to establish the bounds of the parking area. The plaintiff later explained that she didn’t pay much attention to the poles as she walked by them, and even if she had looked at them, they would not have caught her attention.