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Premises liability is a legal concept in personal injury cases. Because property owners are required by law to keep their property safe, if someone is injured, they may be subject to legal recourse. One of the most common and well-known types of premises liability cases are "slip and fall" cases.
Premises liability cases come about when an injury happens on someone's property and is caused by an unsafe or dangerous condition. Premises liability is a type of personal injury case, which means it's based on negligence.
There is a three-year statute of limitations in New Mexico from the time of an accident during which a lawsuit may be filed. Of course, it's crucial to maintain tabs on the statute of limitations to safeguard your right to seek compensation for your injuries.
In New Mexico, you have 3 years to file a personal injury claim and 4 years to file a property damage claim. The clock on these time limits starts from the time you sustained your injury or when a reasonable person would have discovered the injury or property damage.
The Insurance Claim Timeline in New Mexico Under New Mexico law, insurance companies have 60 days to issue a decision in a car accident claim. Some cases take less time to resolve, especially if the at-fault driver does not dispute the claim and the victim does not require significant amounts of damages.
A premises liability lawsuit holds a property owner responsible for any damages arising out of an injury on that person or entity's property. In all states, owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors to it.
You have the right under New Mexico law to be safe from harm when you are on someone else's property. Personal injury accidents can happen if the property owners or caretakers fail to perform proper maintenance, fail to repair safety hazards, or neglect to warn you about potential risks on the property.
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.