Monthly Archives: June 2012

Premises Liability Attorney Monticello, New Mexico

Premises Liability Summary for Monticello, New Mexico

A facility liability claim holds a property owner responsible for any damages occurring from an injury on that individual or entity’s property. In all states, owners that occupy a home should make a reasonable effort to keep a safe environment for visitors to it. Failure to keep the home safe for visitors leads to “premises liability.” Common situations that may trigger properties liability lawsuits are:

  • Animal and Pet dog Bites
  • Slip and Fall Mishaps
  • Harmful Residential or commercial property
  • Irresponsible or Inadequate Security
  • Swimming Pool Injury
  • Insufficient Maintenance
  • Children on Residential or commercial property
  • Store Liability
  • Dining establishment Liability

Commercial Characteristics

What about injuries at apartment complexes or industrial home that is simply rented? Generally, a landlord is not responsible for the injuries of a tenant’s guest since the occupant is presumed to be in control of the condition of the property. However, there are exceptions, such as for latent problems, which are concealed and harmful conditions already existing when the tenant takes possession of the home. Another exception takes place when a property owner undertakes repairs for an occupant. The repair works must be performed in a non-negligent way.

Various states follow different guidelines about who may recuperate for premises liability and under which conditions. Some states focus on the status of the individual going to the home to identify whether liability is appropriate. The status of a visitor in those states is usually guest, licensee, or intruder.

Guests and Tresspassors: Rules for Monticello, NM 87939

An invitee is someone invited onto a residential or commercial property for a commercial function, such as a customer at a shopping center. A social visitor or licensee is also present on the residential or commercial property at the invitation or by authorization of the homeowner or occupant. For guests and licensees, the invite is an implied pledge that it is safe to be on the residential or commercial property. In some states, a different duty of care is owed depending on whether a visitor is a guest or licensee, however in other states that recognize these differences, the highest responsibility of care is owed to both.

In numerous states that focus on the status of the visitor to evaluate liability, trespassers who are on the residential or commercial property without any right to be there and who are injured are not able to recover at all. The owner or occupant must simply avoid purposefully aiming to hurt the trespasser, such as by setting traps. Nevertheless, in many cases, when an owner understands it is most likely there will be an intruder, it is required to provide reasonable cautions of non-obvious risks to intruders. Normally, the exception to this rule is a kid intruder, who may get involved with an “attractive nuisance,” like a pool, and thus is owed a greater task of care.

Stae of the Property; Owner’s and Visitor’s Actions, for 87939

In other states, courts concentrate on the state of the property and the owner’s and visitor’s actions. Typically, homeowner and occupants owe a responsibility to keep residential or commercial property reasonably safe and make repairs for all visitors except for intruders. Factors that are thought about when determining the responsibility are the circumstances under which the visitor came onto the residential or commercial property, the nature of the property, the reasonableness of the owner or resident’s actions to fix or alert, and the foreseeability of the injury.

An owner or resident should regularly examine the property to find harmful conditions and either fix them or install a warning so that lawful visitors are not hurt. Any owner that fails to satisfy this responsibility, such as by understanding of a harmful condition and failing to alert visitors, can be held responsible for visitors’ injuries that result from it.

Limitations on Recovering for Premises Liability

Most states follow the concepts of comparative fault in premises liability cases. This indicates a hurt person who is partially or fully responsible for exactly what occurred can not recuperate for damages occurring out of a harmful home condition. A visitor has the task to use reasonable care to keep himself or herself safe. To the extent the visitor cannot use reasonable care, the recovery can be decreased by his/her percentage of fault.

For instance, in a state following comparative negligence, when an injured individual is 10% responsible for an injury, the property owner is responsible for 90% of the injury, and the total damages are $100,000, the victim’s recovery will be just $90,000. In states that follow contributory negligence, the complainant may be not able to recover at all if she or he is discovered even slightly at fault.