Property owners in Albuquerque and throughout New Mexico are legally bound to keep their premises reasonably safe for visitors. But if they neglect their responsibility to maintain a safe environment, warn of known dangers, or comply with safety regulations, and someone becomes injured as a result, they may be held liable.
At Gauthier & Maier Law Firm, P.C., our Albuquerque premises liability lawyers help individuals hold negligent property owners accountable. If you slipped on a wet floor at a grocery store in Nob Hill, tripped on broken steps outside a downtown business, or were attacked due to poor security in an apartment complex near UNM, you may be able to pursue compensation.
The law is seldom black and white, and pursuing a claim for your injuries against a negligent property owner isn’t easy, especially if you’re coping with painful injuries, missed work, escalating medical expenses, and the frustration of dealing with insurance companies that give you the runaround.
Gauthier & Maier Law Firm, P.C. can cut through the red tape, demand justice, and build a case that positions you for the best possible outcome. Don’t spend another day with the uncertainty of not knowing what tomorrow will bring. Call us today to schedule a free consultation.
Table of Contents
- Why Gauthier & Maier Is the Right Choice for Your Premises Liability Claim
- Key Takeaways
- What Does Premises Liability Mean in New Mexico?
- Why Your Legal Status on the Property Matters
- Types of Premises Liability Cases We Handle
- What to Do If the Insurance Company Calls You
- Proving a Premises Liability Case in New Mexico
- What Damages Can Be Recovered in Premises Liability Cases?
- Steps to Take After a Premises Liability Injury
- Frequently Asked Questions About Albuquerque Premises Liability Cases
- Talk to an Albuquerque Premises Liability Lawyer Today
Why Gauthier & Maier Is the Right Choice for Your Premises Liability Claim
When you're hurt and overwhelmed by bills, missed work, and constant pain, choosing the right legal team makes all the difference. Gauthier & Maier Law Firm, P.C. offers more than just legal knowledge; we offer real support when you need it most. Here’s why so many New Mexicans trust us after serious injuries on unsafe property.
Local knowledge and community trust
We live and work here in New Mexico. Our attorneys know how Albuquerque juries think, how local businesses operate, and what strategies work in New Mexico courts. From the Sandia Mountains to the South Valley, we know the pulse of the city.
Former insurance defense attorneys on your side
Before representing injury victims, our founders worked for insurance companies. We know exactly how insurers try to minimize payouts, and we use that insight to our clients’ advantage.
Record-setting verdicts and real results
Our team has helped secure millions in life-changing settlements and verdicts for clients, including a recent $36 million Santa Fe jury verdict against State Farm. We don’t just talk about results. We deliver them.
You don’t pay unless we win
We work on a contingency fee basis, which means we only get paid if you recover compensation. There’s no risk to reach out and find out if you have a case, and no risk in securing top-performing legal representation.
Clear, compassionate communication
Legal language can be confusing. We explain your rights and next steps in plain English, so you always understand what’s happening with your case.
Key Takeaways
- Property owners in New Mexico can be held responsible for injuries caused by unsafe conditions on their premises.
- Common premises liability claims include slip and falls, inadequate security, dog bites, and dangerous staircases or walkways.
- The reason you were on the property can impact your legal rights.
- Insurance companies often try to shift blame or minimize payouts. Having a lawyer helps level the playing field.
- Gauthier & Maier Law Firm can handle every aspect of your premises liability claim so you can focus on healing.
What Does Premises Liability Mean in New Mexico?
Premises liability is a legal concept that holds property owners and managers responsible when someone gets hurt because of a dangerous condition on their property. In New Mexico, owners have a duty to maintain safe conditions and warn visitors about known hazards.
Whether you slipped on spilled liquid in a store aisle, were injured by faulty handrails at a local motel, or were hurt due to poor lighting in a parking garage, you may have a valid premises liability claim. The key is proving that the property owner knew or should have known about the danger and failed to fix it.
Why Your Legal Status on the Property Matters
In premises liability law, the reason you were on the property matters. New Mexico courts consider your legal status when determining how much responsibility a property owner had to keep you safe.
Invitees
These are people invited onto the property for business purposes, like shoppers in a store or customers at a restaurant. Property owners owe invitees the highest duty of care and must actively inspect for and fix hazards.
Licensees
Licensees are social guests—friends or neighbors, for example. Property owners must warn them about known dangers, but they are not required to inspect for unknown hazards.
Trespassers
Property owners generally don’t owe a duty of care to trespassers, but they can’t intentionally harm them. There are exceptions, especially involving child trespassers.
What about children?
New Mexico recognizes the “attractive nuisance” doctrine. If a property has something dangerous that might attract a child, like an unsecured pool or abandoned structure, the owner may be liable if a child is injured, even if the child was trespassing.
While New Mexico courts still reference these traditional categories, the state has moved toward a standard of reasonable care under the circumstances where the visitor's status is just one factor.
Types of Premises Liability Cases We Handle
At Gauthier & Maier Law Firm, we represent clients in a wide range of premises liability claims. Premises liability is a broad area of law that covers hundreds of scenarios involving neglect. Here are a few examples:
- Slip and fall accidents in stores, malls, and public buildings
- Trip and fall accidents on uneven surfaces
- Inadequate security leading to assaults or attacks
- Dog bites or animal attacks
- Swimming pool injuries due to poor maintenance or poor security
- Elevator and escalator injuries in commercial buildings
- Falling merchandise or unsafe shelving in retail stores
- Broken or poorly lit staircases
- Hazardous construction zones without proper warnings
- Poorly maintained rental properties
- Injuries at events or festivals due to crowd control failures
- Fires caused by building code violations
- Assaults in parking garages or gas stations due to negligent security
No matter what situation caused your accident, don’t second-guess or question yourself. Our experienced premises liability lawyers can bring clarity and context to your case, uncovering negligence and fault where they may not have been obvious.
What to Do If the Insurance Company Calls You
Insurance companies are not on your side. Their goal is to pay you as little as possible. If you speak directly to the property owner’s insurer, they may try to twist your words, pressure you into a quick settlement, or convince you the accident was your fault.
Let Gauthier & Maier Law Firm handle all communication. We protect your rights, negotiate on your behalf, and make sure you aren’t taken advantage of during this vulnerable time. You don’t have to give a recorded statement or sign anything without talking to us first.
Proving a Premises Liability Case in New Mexico
To successfully resolve a premises liability claim, we must prove that the property owner was negligent. This means they failed to take reasonable care to prevent harm to visitors.
Winning a premises liability case in New Mexico depends on proving that the property owner was legally negligent. In simple terms, this means showing that they failed to take reasonable steps to keep their property safe, and that failure caused your injury.
Here are the four main elements we must establish to build a successful claim:
Duty of care
Property owners in New Mexico have a legal obligation to maintain reasonably safe conditions for visitors. This means they must fix known hazards, watch for potential dangers, and warn you about any risks they know about or should have known about.
Breach of duty
If the owner doesn’t meet this responsibility by ignoring a wet floor, not fixing a broken stair, or failing to provide proper lighting in a parking lot, they’ve breached their duty of care.
Causation
We must show that the unsafe condition was the direct cause of your injury. If you slipped on a slick surface or were attacked in an area with poor security, the hazard must be linked to your harm.
Damages
Finally, we need to demonstrate that you suffered losses because of the injury, such as medical bills, lost wages, pain, or long-term disability.
To support your case, we gather and preserve evidence that paints a full picture of what happened. This may include:
- Surveillance footage from the scene
- Maintenance logs and inspection reports
- Witness statements
- Photographs of the hazardous condition
- Your medical records and injury documentation
- Expert testimony on building codes, safety standards, or property maintenance
Proving negligence takes more than pointing to a wet floor or broken light fixture. It takes a thorough investigation, credible evidence, and strategic legal guidance. That’s exactly what an Albuquerque premises liability attorney from Gauthier & Maier Law Firm provides—focused, compassionate representation designed to get results.
What Damages Can Be Recovered in Premises Liability Cases?
If you’ve been injured due to dangerous property conditions, you may be entitled to both economic and non-economic damages. These are the losses you’ve experienced because of the accident, both measurable and intangible.
Economic damages
These cover the financial impact of your injury, including:
- Medical bills and hospital stays
- Prescription medications and medical devices
- Physical therapy and rehabilitation
- Lost wages and reduced earning capacity
- Travel costs for medical care
- Future medical expenses related to your injury
Non-economic damages
These account for the emotional and psychological toll of your injury:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of companionship in wrongful death cases
At Gauthier & Maier, we carefully evaluate every aspect of your losses—past, present, and future—to build a strong claim for full compensation. We often consult with medical and financial experts to quantify your damages and ensure nothing gets overlooked.
Steps to Take After a Premises Liability Injury
If you’ve been injured on someone else’s property, getting medical treatment should be your top priority, even if your injuries seem minor. Many conditions, like concussions or soft tissue damage, may not cause immediate symptoms.
A full medical evaluation ensures you receive the treatment you need and creates a clear record of your injuries, which will be critical if you decide to pursue a legal claim.
If you haven’t seen a doctor yet, do so as soon as possible. Prompt medical care helps protect both your health and your case. Once you’ve received the care you need, there are several steps you can take to protect your legal rights and strengthen your potential claim:
- Hire a premises liability lawyer right away. The sooner you get legal help, the better your chances of preserving valuable evidence and avoiding costly mistakes.
- Stick to your treatment plan. Keep all medical appointments, follow your doctor’s recommendations, and document your recovery process.
- Track your pain and symptoms. Use a journal or phone to record your physical pain, emotional strain, and limitations in your daily routine.
- Keep all related documents. Save every medical bill, prescription receipt, insurance notice, and communication from the property owner or their insurer.
- Stay off social media. Avoid posting photos or updates about your injury or activities, as these can be used against you by insurance companies.
- Let your lawyer handle communications. Never speak directly to the property owner’s insurance company. They may twist your words or pressure you into an unfair settlement.
Taking these steps puts you in a stronger position to pursue compensation for your injuries. When you're ready, an Albuquerque premises liability lawyer at Gauthier & Maier Law Firm can step in and handle everything from that point forward, so you can stay focused on healing.
Frequently Asked Questions About Albuquerque Premises Liability Cases
What is the statute of limitations for a premises liability claim in New Mexico?
In most cases, you have three years from the date of the injury to file a premises liability lawsuit in New Mexico. However, there are exceptions to the statute of limitations deadlines—especially if a government entity is involved—so it’s important to speak with an attorney right away to avoid missing your deadline.
What if I’m partially at fault for the accident?
New Mexico’s comparative negligence law allows you to recover compensation even if you’re partially responsible. Your recovery will be reduced based on your percentage of fault, but you can still bring a claim unless you were entirely at fault.
Can I sue a business if I slipped and fell on their property?
Yes. If a business failed to clean up a spill, fix a broken step, or warn you about a hazard, you may have a strong claim. Businesses have a legal duty to keep their premises safe for customers and guests.
What happens if the property owner says they didn’t know about the hazard?
Even if they didn’t know, they may still be held liable if they should have known. Property owners must routinely inspect their premises and fix or warn about dangers in a timely manner.
How much does a premises liability lawyer cost?
At Gauthier & Maier Law Firm, we don’t charge anything upfront. We work on a contingency fee basis, so you pay nothing unless we win money for you.
What should I do if my injury happened at a friend's or family member's house?
You still have the right to seek compensation, and you should. In most cases, you would file a claim against the homeowner's insurance policy, not against your friend or relative directly.
These policies exist specifically to cover injuries on the property, and filing a claim allows you to get compensation for medical bills and lost income without creating a personal financial burden on your loved one.
Do I have a case if I was injured at an Airbnb, VRBO, or other vacation rental?
Yes. Operators of short-term rentals have the same duty as other business owners to keep their property reasonably safe for paying guests.
This includes ensuring that stairs are safe, appliances work correctly, locks are functional, and there are no hidden hazards. Depending on the situation, both the property owner and the rental platform could share responsibility.
How long will it take to resolve my premises liability claim?
The timeline varies for every case. A straightforward claim with clear evidence may settle in a few months.
A more complex case, especially one involving severe injuries or a dispute over fault, could take a year or more, particularly if a lawsuit becomes necessary. We push for a resolution that is both timely and fair, ensuring you receive full compensation for your damages.
What if the property owner had a "Beware of Dog" or "Enter at Your Own Risk" sign?
A sign does not automatically protect a property owner from liability. While a sign can serve as a warning, a "Beware of Dog" sign does not excuse an owner whose dog has a known history of unprovoked attacks. The court will consider the sign as one piece of evidence in determining fault.
Talk to an Albuquerque Premises Liability Lawyer Today
If you were seriously hurt on someone else’s property, don’t try to take on the legal system or the insurance companies by yourself. Your case deserves focused attention, personalized legal support, and an advocate who truly cares about your outcome.
At Gauthier & Maier Law Firm, P.C., we’re committed to helping injury victims in Albuquerque and Los Lunas secure the compensation they need to move forward. From your first call to the resolution of your case, we’re here to take the legal burden off your shoulders and fight for the results you deserve.
Let us stand up for your rights while you focus on your recovery. Contact us today at (505) 226-0099 or fill out our secure online form for a free consultation.