In New Mexico, property owners or occupiers are typically at fault in slip-and-fall cases if their negligence—such as failing to fix known hazards or warn visitors—caused the injury under premises liability laws. Victims can pursue compensation for medical bills, lost wages, pain, and suffering, even if partially at fault, thanks to the state’s pure comparative negligence rule. Claims must be filed within three years of the incident.
Determining Fault
Property owners owe a duty of care based on visitor status: highest for invitees (customers), moderate for licensees (social guests), and minimal for trespassers. Fault requires proving breach (e.g., ignoring spills, poor lighting, or uneven floors), causation linking the hazard to the fall, and actual damages. Evidence like photos, witnesses, maintenance logs, or surveillance shows if owners knew or should have known of the danger.
Comparative Negligence
New Mexico uses pure comparative fault, reducing compensation by the victim’s percentage of blame without barring recovery, even if over 50% at fault. For example, 20% victim fault on $100,000 damages yields $80,000. Courts assess factors like ignoring warnings alongside owner negligence.
Common Hazards
Owners aren’t liable for obvious risks or natural accumulations without prior notice.
Recoverable Compensation
Victims may claim economic damages (bills, lost income, rehab) and non-economic ones (pain, disability). Amounts depend on injury severity, evidence, and fault split; settlements often resolve claims via insurance. Consult a lawyer promptly, as this continues your research on state-specific slip-and-fall laws.
SOURCES
[1](https://www.maierattorney.com/how-do-new-mexico-laws-address-slip-and-fall-liability)
[2](https://olsonlawfirm.com/new-mexico/slip-and-fall-lawyer/)
[3](https://ragsdalelawfirm.com/slip-and-fall-accidents-in-new-mexico-liability-and-compensation/)
[4](https://505legal.com/personal-injury/premises-liability-lawyer/)
[5](https://www.maierattorney.com/premises-liability-in-new-mexico)
