When someone is injured on another’s property in a New Mexico slip-and-fall accident, or other type of premises liability accident, the injury victim may be entitled to monetary compensation for their injuries. However, in order to succeed in a New Mexico premises liability lawsuit, a plaintiff must be able to establish the elements of their claim.
A New Mexico premises liability claim is a type of negligence claim. Thus, a plaintiff must establish the same four elements of duty, breach, causation, and damages. In New Mexico, all landowners owe a reasonable duty of care to those who enter their property, with the exception of trespassers. Thus, for all invited guests to whom a duty is owed, landowners must take action to protect guests against both known and foreseeable harms.
When it comes to establishing that a breach occurred, courts look to whether the landowner had knowledge of the hazard that caused the plaintiff’s injury. If the defendant landowner did not know of the hazard that caused the plaintiff’s injuries, then the plaintiff’s claim will fail. However, even in situations where a defendant landowner does not have actual knowledge of the hazard, a plaintiff may still be able to succeed by establishing that the landowner had constructive knowledge, or “should have known” of the hazard’s existence.