Under New Mexico law, landowners have a duty to keep their property safe for the people whom they invite onto the property. In almost all situations, a landowner has at least some duty to protect visitors from harm. The level of the duty owed to the visitor depends largely on the reason why the visitor is on the landowner’s property. For example, trespassers are owed very little care, whereas business invitees are owed a much higher duty of care. A violation of this duty of care may lead to a New Mexico premises liability case.
Another category of visitor is the “recreationalist,” who is on another party’s land to engage in some form of recreation, whether it be hunting, fishing, boating, swimming, or skiing. In these situations, the landowner may be protected under a recreational use statute. Recreational use statutes provide immunity to landowners who allow the public to use their property for recreational uses at no cost. When the statute applies, someone who is injured while on the landowner’s property may be prevented from holding the landowner responsible. A recent case illustrates how courts interpret recreational use statutes.
The Facts of the Case
The plaintiff’s son was playing on a lake with some friends. The children were taking turns swinging from a rope swing into the lake. As one child was swinging in the lake, the others would try to slap his feet before he hit the water. When the plaintiff’s son tried to swipe at his friend’s feet, the two children collided, and the plaintiff’s son suffered serious injuries as a result.