Reviewing a property owners duty of care

On Behalf of | Dec 26, 2019 | Personal Injury

When you have been invited on to another’s property in Albuquerque, you likely are mindful to do all that you can to honor their decision to extend you such an invitation. That may include overlooking certain oversights on the part of the property owner. Unfortunately, that is may not be possible in certain cases (as evidenced by the stories told by many that we here at the Sutten Law Group have worked with in the past). When a hazard on another’s property injures you or a loved one, you may be left with little choice but to seek compensation from the property owner.

To pursue such action, however, you need to understand the duty of care that a property owner owes to you. New Mexico’s Uniform Jury Instructions show that when you visit a property, the property owner is charged with exercising ordinary care to keep the premises safe. This duty extends to protection from any dangerous conditions that may exist therein, regardless of whether the property owner knows about them (the reasoning behind this is that a reasonable inspection of the property prior to you and others arriving would reveal any such conditions).

Property owners typically do not owe such a duty of care to trespassers. You might wonder how you could be considered a trespasser if you have been invited on to someone’s property. Yet even if you are invited on to another’s premises, if you stray into an areas where the property owner would not reasonably expect you to be, then technically you are trespassing.

You can learn more about the duties owed to you by property owners by continuing to explore our site.