Who Is Liable for a Slip and Fall Accident in Rented Property in New Mexico?
Slip and fall accidents are a common occurrence, and they can happen anywhere, including rented properties. When such accidents happen, it is important to determine who is liable for the injuries and damages suffered by the victim. In the state of New Mexico, the liability for slip and fall accidents in rented properties is governed by certain laws and regulations. This article will explore the responsibilities of landlords and tenants in relation to slip and fall accidents and provide answers to frequently asked questions about this topic.
Landlord’s Responsibilities:
In New Mexico, landlords have a legal duty to maintain their rental properties in a safe condition. This duty includes ensuring that the premises are free from hazardous conditions that could cause slip and fall accidents. Landlords should regularly inspect the property and make necessary repairs to address any potential dangers. They should also promptly respond to complaints made by tenants regarding unsafe conditions.
If a slip and fall accident occurs due to a hazardous condition that the landlord knew about or should have known about, they may be held liable for the injuries and damages suffered by the victim. However, it is essential to prove that the landlord was negligent in their duty to maintain a safe premises.
Tenant’s Responsibilities:
While landlords have a duty to maintain the rental property, tenants also have certain responsibilities to prevent slip and fall accidents. Tenants should keep their rented premises clean and free from hazards. They should promptly report any dangerous conditions to the landlord so that necessary repairs can be made. Failure to report potential hazards may limit the tenant’s ability to hold the landlord accountable for injuries resulting from a slip and fall accident.
Comparative Negligence:
New Mexico follows the doctrine of comparative negligence, which means that the liability for a slip and fall accident can be divided between the landlord and the tenant based on their respective degrees of fault. If the victim of a slip and fall accident is found to be partially responsible for their injuries, their compensation may be reduced proportionately. For example, if a court determines that a tenant was 20% at fault for the accident, their compensation would be decreased by 20%.
Frequently Asked Questions:
Q: Can I sue my landlord if I slip and fall in my rented property?
A: Yes, you may be able to sue your landlord if the slip and fall accident was caused by a hazardous condition that the landlord knew about or should have known about but failed to address. It is crucial to gather evidence and consult with a personal injury attorney to understand your legal options.
Q: What should I do if I slip and fall in my rented property?
A: If you are involved in a slip and fall accident in your rented property, you should seek medical attention immediately. Document the scene of the accident by taking photographs and gather contact information from any witnesses. Report the incident to your landlord as soon as possible, preferably in writing, and keep a copy for your records.
Q: How long do I have to file a slip and fall lawsuit in New Mexico?
A: In New Mexico, the statute of limitations for personal injury cases, including slip and fall accidents, is three years from the date of the accident. It is crucial to consult with a personal injury attorney promptly to ensure that you meet the deadline for filing a lawsuit.
Q: Can I be held liable if someone slips and falls in my rented property?
A: As a tenant, you can be held liable for a slip and fall accident if it is determined that you were negligent in maintaining a safe premises. It is essential to promptly report any hazardous conditions to your landlord and take reasonable steps to prevent accidents.
In conclusion, both landlords and tenants have responsibilities when it comes to slip and fall accidents in rented properties in New Mexico. Landlords must maintain a safe premises, while tenants should keep their rented premises free from hazards and promptly report any dangerous conditions. If a slip and fall accident occurs, liability can be divided based on comparative negligence. It is crucial to consult with a personal injury attorney to understand your rights and legal options if you have been injured in a slip and fall accident in a rented property.