Premises liability in New Mexico
Premises liability is the legal responsibility of a property owner or occupier to keep the property reasonably safe for the people who come onto it. When an owner, landlord, store, hotel, or manager fails to fix a hazard, warn about it, or provide reasonable security, the person who gets hurt can bring a civil claim. Keeler & Keeler handles these cases for people injured in Gallup, across the Four Corners, and on the Navajo Nation.
The cases we see
- Slip and fall on a wet floor, spilled product, or broken pavement in a store, restaurant, or gas station.
- Trip hazards such as uneven walkways, loose mats, unmarked steps, and missing handrails.
- Snow and ice left on entrances, sidewalks, and parking lots.
- Negligent security: assaults in poorly lit parking lots, robberies in unsecured apartment complexes, hotel break-ins through faulty locks, and bar or nightclub injuries where there was no trained security.
- Dog attacks and other dangerous conditions an owner knew about and left in place.
What has to be proven
A New Mexico premises case has four parts. Duty: the owner owed you reasonable care. Since Ford v. Board of County Commissioners, New Mexico no longer sorts visitors into invitees and licensees; an owner owes ordinary care to anyone lawfully on the property. Breach: the owner failed that duty, for example by not cleaning a spill, not fixing a lock, or not lighting a lot where crimes had already happened. Causation: the hazard caused the injury. Damages: medical bills, lost wages, pain, and the rest of what the injury cost.
Inadequate security claims
An owner is not the insurer of everyone's safety, but when a crime on the property was foreseeable, the owner has to take reasonable steps against it. Prior incidents, police calls, broken gates and lights, and industry practice all go to foreseeability. The New Mexico Supreme Court recognized this duty in Reichert v. Atler and, in Rodriguez v. Del Sol Shopping Center, made clear that whether a harm was foreseeable is a question for the jury about what the owner should have done, not a reason to throw the case out early.
Fault, deadlines, and public property
New Mexico uses pure comparative negligence. If a jury decides you were partly at fault, your recovery is reduced by that share, not eliminated. Most premises claims must be filed within three years of the injury under Section 37-1-8. A fall or assault on public property, such as a city building, a county jail, a public school, or a state park, goes through the Tort Claims Act, which waives immunity for negligent maintenance of buildings and grounds but requires written notice within 90 days. Injuries at federal facilities, and at some tribal facilities, follow the Federal Tort Claims Act instead.
What to do after a fall or an attack
Report it to the business or property manager and get a copy of the incident report. Photograph the hazard, the lighting, and your injuries before anything is cleaned up or repaired. Get the names of witnesses. See a doctor the same day. Then call us before you speak to the owner's insurer; surveillance video is often overwritten within days, and a preservation letter has to go out fast.
How we handle these cases
We investigate the property's history, pull incident and police records, retain safety and lighting experts where the case needs them, and build the claim for the right court. The consultation is free and there is no fee unless we win. Representative results include a slip and fall recovery; prior results do not guarantee a similar outcome.
The law behind these cases
- Ford v. Board of County Commissioners, 1994-NMSC-077New Mexico dropped the invitee and licensee categories: a property owner owes ordinary care to everyone lawfully on the property.
- Reichert v. Atler, 1994-NMSC-056A business owner has a duty to protect patrons from foreseeable criminal acts of others, the basis of negligent security claims.
- Rodriguez v. Del Sol Shopping Center Associates, 2014-NMSC-014Whether a harm was foreseeable is a jury question about what the owner should have done, not a reason to dismiss the case on duty.
- NMSA 1978, Section 37-1-8Three years from the injury to file a premises claim against a private owner.
- NMSA 1978, Section 41-4-6The Tort Claims Act waives immunity for negligent operation or maintenance of public buildings, parks, and grounds, with the 90-day notice rule.
Each citation links to the statute, regulation, or reported opinion. How they apply depends on the facts of your case.
Where we handle premises liability cases
Keeler & Keeler is based in Gallup, New Mexico, and represents injured people across McKinley County, San Juan County, Cibola County, the Interstate 40 corridor, and the Navajo Nation. If you are looking for a premises liability lawyer in Gallup, premises liability lawyer in Grants, premises liability lawyer in Farmington, premises liability lawyer in Albuquerque, premises liability lawyer for the Navajo Nation, the consultation is free and can start with a phone call to (505) 722-5608.