Hurt at a Medical Office? Let's Talk About Who Should Have Kept You Safe.

A New Mexico negligent security lawyer can review whether a clinic or medical office failed to protect visitors from a foreseeable crime. New Mexico landowners owe visitors a duty of ordinary care to protect them from harm caused by a third party’s foreseeable conduct, including criminal conduct. UJI 13-1320 NMRA This page explains what that duty means at a medical property, what a claim generally has to show, and what to do next.

What Negligent Security Means at a Medical Office or Clinic

Negligent security is a claim that a property owner did not take reasonable steps to protect people from foreseeable crimes committed by others. The focus is the owner’s conduct, not only the attacker’s conduct.

If an attack causes a death, the wrongful death action is brought by and in the name of the personal representative of the deceased person.

Medical properties often include areas like these:

• Parking lots and parking garages
• Building entrances, lobbies, and waiting areas
• Hallways and stairwells used after hours
• Early-morning and late-evening access points

Medical properties draw attention for a few reasons. People visiting them may arrive early, leave late, or feel unwell. Busy entrances and shared spaces can make it hard to watch every area at once.

What a Claim Generally Has to Show

A negligence claim generally needs a duty, a breach of that duty, and a link between the breach and the harm. Herrera v. Quality Pontiac, 2003-NMSC-018 In a security case, those ideas usually come down to a few questions:

• Duty: Did the owner or manager control the area where the harm happened?
• Foreseeability: Was a crime like this reasonably foreseeable? Prior incidents, police calls, and complaints to management can all matter. The FBI Crime Data Explorer publishes reported crime data by agency for New Mexico jurisdictions.
• Breach: Did the owner fail to take reasonable steps, such as adequate lighting, cameras, locked access, or patrols?
• Causation: Did that failure play a real role in the harm? A cause doesn’t have to be the only cause.
• Damages: What losses followed, such as medical bills, lost income, and pain and suffering?

Fault can be shared. Under the several liability statute, a defendant generally pays only its own share of fault, with listed exceptions. Under Section 41-3A-1 of the New Mexico Statutes, when the doctrine of comparative fault applies to a claim, joint and several liability for two or more wrongdoers whose conduct proximately caused a plaintiff’s injury is abolished, except as that section otherwise provides, and the liability of those defendants is several.

Evidence That Matters Most After a Medical Property Attack

The strongest evidence shows what the property looked like and what the owner knew before the attack. Start preserving it early.

• Police reports, incident numbers, and any calls for service at the property
• Surveillance video, which can be overwritten on a schedule
• Prior incidents, complaints, and how management responded
• Lighting levels, camera placement, door or gate logs, and staffing schedules
• Security contracts and maintenance requests about locks or lights
• Medical records showing injuries and treatment

Video often matters most, and timing is critical. New Mexico recognizes liability for intentional spoliation of evidence, which means destroying or hiding evidence. A complaint does not have to be filed first for that liability to arise. Torres v. El Paso Electric

Write down the date, time, location, and names of witnesses while memory is fresh. Tell a lawyer early so records can be requested before they are lost.

Injuries and Losses a Negligent Security Claim May Cover

A negligent security claim may cover physical injuries, medical costs, lost income, and other losses that follow an attack.

• Assault injuries, such as fractures, head injuries, and soft-tissue damage
• Catastrophic injuries, spinal cord injuries, amputations, and burn injuries that need long-term care
• Past and future medical bills, rehabilitation, and assistive equipment
• Lost wages and a reduced ability to work
• Pain, suffering, and loss of enjoyment of life
• Wrongful death, when an attack causes a death

Deadlines matter. For a wrongful death claim, New Mexico law requires suit within three years after the cause of action accrues, and it accrues as of the date of death (NMSA 1978, § 41-2-2 — three years from the date of death). NMSA 1978, § 41-2-2 The claim is brought by the deceased person’s personal representative. NMSA 1978, § 41-2-3 Injury claims have their own filing deadlines, and claims against public entities can have shorter deadlines and notice rules. Early contact protects your options.

How a Negligent Security Case Moves Forward

A case usually moves from an initial consultation to evidence requests, investigation, damages review, negotiation, and, when needed, a lawsuit.

1. Initial consultation. You describe what happened, and our team reviews the facts with you.
2. Evidence requests. Letters ask that video, access logs, and incident records be kept.
3. Investigation. The review covers the property, prior incidents, security measures, and the responsible owner, manager, or security contractor.
4. Damages review. Medical records and wage information document your losses.
5. Negotiation or suit. The team works with responsible parties and insurers, or files suit when needed to protect the claim.
6. Resolution. The case ends by settlement or trial, with updates at each stage.

Timelines vary with the injuries, the number of parties, and whether insurers dispute fault. Our team explains the likely path once it knows the facts.

Why Contact El Gringo Law for a Medical Office Negligent Security Claim

El Gringo Law represents people in New Mexico in personal injury matters, including negligent security, premises liability, and wrongful death. Josh Wood, who is licensed in New Mexico and Arizona, is the responsible lawyer for this page.

The firm’s practice areas also include car accidents, trucking accidents, sexual assault, catastrophic injuries, spinal cord injuries, amputations, and burn injuries. The firm works with clients in Albuquerque, Bernalillo County, Santa Fe, Rio Rancho, Sandoval County, Las Cruces, Taos, and Farmington.

Our team aims to explain each step in plain terms. You can reach the firm through its contact page.

Common Questions About Medical Office Negligent Security Claims