Accidents in Los Lunas can happen anywhere—at the grocery store, in a parking lot, or even at a neighbor’s house. But when you’re injured because a property owner failed to fix a dangerous condition they knew about, that’s more than an accident. It’s negligence.
If you’ve been hurt on someone else’s property in Los Lunas, you may have a right to financial compensation. An experienced Los Lunas premises liability lawyer with Gauthier & Maier Law Firm, P.C. can help you explore your legal options and hold the responsible party accountable.
We help clients who’ve suffered serious injuries in slip and fall accidents, structural collapses, and other dangerous property-related accidents. Whether your injuries happened at a national retail chain on Main Street, a poorly maintained apartment complex in Valencia County, or elsewhere in our community, we’re here to help you pursue full and fair compensation for your injuries and losses.
Table of Contents
- Why Choose Gauthier & Maier for Your Los Lunas Premises Liability Case
- Key Takeaways
- What Is Premises Liability?
- Why Your Legal Status on the Property Matters
- Types of Premises Liability Cases We Handle
- What Should I Do if an Insurance Company Calls Me?
- Proving Liability in a Premises Liability Case
- Damages in Premises Liability Cases
- Steps to Take After a Premises Liability Accident in Los Lunas
- Frequently Asked Questions About Premises Liability in Los Lunas
- Contact an Experienced Los Lunas Premises Liability Lawyer Today
Why Choose Gauthier & Maier for Your Los Lunas Premises Liability Case
When you’re recovering from a serious injury, you need more than legal advice; you need a team that’s truly committed to your case. At Gauthier & Maier Law Firm, P.C., we treat every client like family, with heartfelt compassion and a driving commitment to make things right.
Los Lunas trusts our personal injury law firm for many reasons, including:
We’ve recovered millions for injury victims
We have a long and proven history of securing life-changing verdicts and settlements for injured New Mexicans, including a $36 million jury verdict and multiple six-figure recoveries for victims of negligence. We know how to build strong cases and how to get results.
You only pay if we win
We take all premises liability cases on a contingency fee basis. That means there are no upfront fees and no hourly bills. If we don’t win compensation for you, you don’t pay us anything.
Client relationships matter to us
We’re not a billboard firm. When you work with Gauthier & Maier, you’ll speak directly with your attorney. We give you regular updates, return your calls, and make sure you’re informed every step of the way.
We know insurance defense inside and out
Our founding attorneys, Chance Gauthier and Shane Maier, are former insurance defense lawyers. They know how insurance companies think, what tactics they use, and how to counter them effectively.
We focus on personal injury—and nothing else
Our firm is dedicated solely to helping injury victims. We’re highly experienced in New Mexico premises liability law and handle these cases with the focused attention they require.
We’re part of the Los Lunas community
With offices in both Albuquerque and Los Lunas, we’re proud to serve our neighbors across Valencia County. We understand the local court system, local properties, and the everyday challenges our clients face right here in Los Lunas.
Key Takeaways
- Property owners in New Mexico can be held liable if their negligence leads to someone being injured on their premises.
- Common premises liability claims include slip and fall accidents, poor lighting, structural defects, dog bites, and inadequate security.
- A property owner’s responsibility to you depends on your reason for being on their property.
- Children have special protections in many cases where dangerous property features are involved.
- Insurance companies try to minimize or deny valid claims
- Proving negligence involves showing that the owner knew (or should have known) about the hazard and failed to fix it or warn you of it.
- Gauthier & Maier Law Firm can handle your entire claim from start to finish so you can focus on healing.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners and occupiers accountable when someone is injured due to unsafe or hazardous conditions on their property. In Los Lunas, as throughout New Mexico, owners have a duty to take reasonable steps to maintain their premises and address risks that could foreseeably harm visitors.
This responsibility isn’t limited to spills on grocery store floors. It also includes issues like poor lighting in parking garages, broken stair rails in apartment complexes, exposed wiring, an improperly secured swimming pool, or even negligent security that leads to assault or injury. Owners must fix known dangers, regularly inspect the premises for potential hazards, and post adequate warnings when immediate repair isn’t possible.
Foreseeability is central to these cases. If a property owner should have reasonably anticipated that a dangerous condition could injure someone and failed to act, they can be held liable. Failing to warn about known dangers or ignoring prior incidents, such as a history of break-ins at a poorly lit motel or robberies at a poorly lit gas station, can also lead to legal consequences.
Whether the incident occurred at a business on Main Street or a rental unit near the Rio Grande, the law expects property owners to take proactive steps to protect lawful visitors from harm.
Why Your Legal Status on the Property Matters
Not everyone who enters a property is owed the same level of care. In New Mexico, your status determines how the law treats your case. Here's what that means:
Invitees
If you were invited onto the property for business purposes, like a customer in a store or restaurant, you’re owed the highest duty of care. Property owners must regularly inspect the premises and fix or warn of any known dangers.
Licensees
Licensees are social guests or others on the property with permission, but not for business reasons. Property owners must still warn licensees of known dangers that aren’t obvious, but they aren’t required to inspect their properties for hazards.
Trespassers
Property owners owe trespassers the least duty of care. If someone enters or occupies a property without permission, they normally have no right to take action against the property owner if they become injured. However, the owner has a limited duty to avoid willfully harming anyone on the property. There are some exceptions, particularly when children are involved.
What about children?
New Mexico follows the "attractive nuisance" doctrine, which protects children who are drawn to dangerous conditions on a property, like an unfenced pool or abandoned building. Property owners must take reasonable steps to secure hazards that could attract and injure children.
Types of Premises Liability Cases We Handle
At Gauthier & Maier Law Firm, we handle a wide range of premises liability claims. If you were hurt because of dangerous property conditions in Los Lunas, we want to hear your story. We regularly help clients who have suffered harm on unsafe properties, such as:
- Slip and fall accidents
- Trip and fall hazards
- Wet or slippery floors
- Defective stairs or handrails
- Inadequate lighting
- Broken sidewalks or pavement
- Dog bites or animal attacks
- Negligent security
- Swimming pool accidents
- Elevator and escalator malfunctions
- Falling merchandise in stores
- Unsafe construction areas
What Should I Do if an Insurance Company Calls Me?
If an insurance adjuster calls you after your accident, be careful. These companies are not on your side. Insurance adjusters may sound helpful, but their real goal is to protect their bottom line, not your health or financial future.
Speaking to the at-fault party’s insurance company can hurt your case. They may use your words against you, downplay your injuries, or offer you a lowball settlement that may seem good at first but fails to compensate you for the full scope of your damages. That’s why it’s best to have your Los Lunas premises liability lawyer handle all communications with insurance companies. We know their tactics and won’t let them take advantage of you.
Proving Liability in a Premises Liability Case
To succeed in a premises liability claim, we need to prove that the property owner was negligent. This means showing they failed to take reasonable steps to make the property safe. We must show that:
- Duty – The property owner had a legal responsibility to keep the premises safe for visitors.
- Breach – They failed in that responsibility by allowing a dangerous condition to exist or failing to warn of a known hazard.
- Causation – That unsafe condition directly caused your injury.
- Damages – You suffered measurable losses, such as medical bills or lost income, as a result.
We may use a range of evidence to support your claim, including:
- Surveillance video footage
- Witness statements
- Medical records
- Accident reports
- Photographs of the hazard
- Maintenance logs
Damages in Premises Liability Cases
In a premises liability case, damages refer to the compensation you may be entitled to for the losses you’ve suffered. These fall into two categories: economic and non-economic. At Gauthier & Maier, our Los Lunas premises liability attorneys often work with medical experts, economists, and your healthcare providers to calculate a full and fair value for your claim.
Economic damages
These are the financial losses you’ve experienced or will experience because of your injury:
- Medical bills (past and future)
- Lost wages
- Loss of earning capacity
- Rehabilitation costs
- Home modifications
- Transportation expenses for treatment
Non-economic damages
These reflect the personal impact of your injuries, which may be harder to quantify but are just as real:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Permanent disability
- Loss of companionship (in wrongful death cases)
We build each claim with care and precision to ensure every dollar of your loss is accounted for.
Steps to Take After a Premises Liability Accident in Los Lunas
If you've already received medical care following your injury, you're doing the right thing. Getting timely treatment isn’t just vital for your recovery; it also documents your injuries and establishes a medical record that supports your claim.
If you haven’t seen a doctor yet, do so as soon as possible. Even if you feel okay now, some injuries can take hours or days to fully manifest, and any delay in treatment may be used by the insurance company to challenge the seriousness of your injuries.
Once you've addressed your immediate health needs, there are other important steps to take that can help protect your legal rights and strengthen your case:
- Hire a premises liability lawyer – A lawyer can take over all legal communication, secure evidence before it disappears, and make sure your case is built correctly from the very beginning.
- Keep all medical appointments and follow your treatment plan – Gaps in care or missed follow-ups can be used to suggest your injuries aren’t as serious as claimed. Staying consistent shows the true impact of your injuries.
- Start a written or video journal – Record how your injuries affect your daily life. Talk about your pain levels, emotional stress, mobility issues, and anything else that shows the real-life effects of the accident.
- Take detailed photos and videos – If you’re able, document the location where you were hurt, including the specific hazard, lighting conditions, signage (or lack of it), and anything else that could help prove what happened.
- Save all receipts and correspondence – This includes medical bills, transportation costs, co-pays, prescription expenses, and any written communication from insurers or property owners.
- Do not speak with insurance adjusters – Insurance companies aim to protect their profits, not your well-being. Let your attorney handle all conversations to avoid saying anything that could be used against you.
Your actions in the hours and days after the accident can shape the outcome of your claim. Taking these steps, especially securing experienced legal representation, can protect your rights and significantly increase your chances of recovering full compensation.
Frequently Asked Questions About Premises Liability in Los Lunas
What is the statute of limitations for filing a premises liability claim in New Mexico?
In New Mexico, the personal injury statute of limitations generally provides three years from the date of the accident to file a personal injury lawsuit. If the claim involves a government entity, different and shorter deadlines apply. It’s important to speak with an attorney immediately to preserve your right to compensation.
What if I’m partially at fault for the accident?
New Mexico’s pure comparative negligence law allows you to recover compensation even if you share fault. Your total recovery will be reduced by your percentage of responsibility.
How much does it cost to hire a premises liability lawyer?
At Gauthier & Maier, we work on a contingency fee basis. That means you pay nothing upfront. We only get paid if we win money for you.
What if the property owner didn’t know about the hazard?
The timeline for a premises liability case can vary widely depending on the facts of the case, the severity of your injuries, and whether the property owner’s insurance company is willing to settle. Some cases resolve in a few months through negotiation, while others, especially those involving serious injuries or contested liability, can take a year or more and may require filing a lawsuit. While we always aim to resolve cases efficiently, our priority is securing the compensation you need, not settling before we do.
Contact an Experienced Los Lunas Premises Liability Lawyer Today
If you’ve been injured due to a dangerous property condition in Los Lunas, you deserve to know your rights. Medical bills are piling up, your income may be at risk, and you’re likely feeling unsure about what to do next.
At Gauthier & Maier Law Firm, P.C., we can help you recover what you’ve lost and secure what you need to move forward. Our legal team combines compassionate client care with local knowledge and aggressive advocacy to deliver results that matter. From the initial consultation to the final resolution, we handle every detail so you can focus on healing.
Call us at (505) 226-0009 or contact us today to schedule your free consultation with a Los Lunas premises liability lawyer.