No matter how careful we are or how safe we feel in a place, we cannot dismiss the chances of us falling victim to premise hazards. Unfortunately, there are situations beyond our control that could result in severe injuries and in worst cases, death. Many of these are sadly due to other people’s carelessness.
Fatal accidents on dangerous properties are actually common wrongful death scenarios. If you believe your loved one was a victim of wrongful death due a property owner’s failure to maintain a safe environment, below are some things you should understand.
Ensuring your claim stands
Before you file a claim for wrongful death, it is crucial to first investigate the facts and circumstances of the case to ensure your claim is valid. In New Mexico, you can file an action for wrongful death arising from property negligence if the following circumstances exist:
- The property owner owed a duty of care to the victim.
- There was a breach of duty.
- The breach of duty was the direct cause of the victim’s death.
- The victim’s death resulted in damages, such as funeral costs and their surviving family’s pain and suffering.
While these requirements seem straightforward, there are complexities within them you have to be mindful of.
Noting these considerations
Property owners’ duty of care refers to their responsibility to keep their property reasonably safe and to warn visitors of non-obvious dangers. Note that owners’ level of care due depends on the categories of visitors, such as guests, licensees and trespassers.
Moreover, when proving breach of duty, you have to show that the property owner knew or should have known the hazards in the premises and fails to take the necessary measures to address them.
There are other considerations you must take when dealing with a wrongful death claim arising from premises liability. Many of these are too complex and can be overwhelming, especially since you are still grieving the death of your loved on. Seeking help from a compassionate attorney can help you plan your move and get your life back on track.