Hurt at a Shopping Center? You Don't Have to Face It Alone

If you were sexually assaulted at a shopping center in Albuquerque, you may be asking whether you can sue. In many cases, a civil lawsuit may be possible against people other than the attacker, such as the property owner or a security company. This page explains how that works in New Mexico, what a claim can cover, and what to think about first.

What a Shopping Center or Retail Store Sexual Assault Claim Is

A shopping center or store sexual assault claim is a civil case tied to an assault on property open to the public. Civil means a lawsuit for money, not a criminal prosecution. The assault may have happened in a parking lot, a mall corridor, a store aisle, a fitting room, a restroom, or a stockroom.

Shopping centers and stores are places people expect to be safe. When an assault happens there, questions often follow about who controlled the property and what security was in place.

This page is for the person who was assaulted. It is also for family members and friends who are helping that person decide what to do next. Many people read about this while still dealing with what happened.

A civil claim is separate from any criminal case. A criminal case is brought by the state against the person who committed the crime. A civil claim asks for money from the people responsible for the harm. Take it one step at a time. The legal questions can wait until you feel steady enough to talk them through.

Can You Sue After an Assault at a Store or Shopping Center?

A civil lawsuit may be possible against parties other than the attacker, such as a property owner, a management company, or a security contractor. The claim usually focuses on whether that party failed to protect people on its property.

New Mexico’s duty-to-visitor rule says an owner or occupant must use ordinary care to keep the premises safe for visitors (UJI 13-1309). The companion instruction, UJI 13-1320, says an owner’s or occupant’s duty to protect visitors arises from a foreseeable risk that a third person will injure a visitor, and that as the risk of danger increases, the amount of care to be exercised also increases.

Common concerns include poorly lit parking areas, locks that don’t work, unmonitored stockrooms, and security staffing that doesn’t match the risk. These are examples of facts a claim may examine, not a checklist of what happened to you.

Was there a duty? Was that duty breached? Did the breach cause the harm? (Herrera v. Quality Pontiac). Earlier incidents at the same property can also be part of the picture. Whether a claim is viable turns on the facts of each situation.

A security company can also face questions about how it hired, trained, and supervised its staff. New Mexico’s instruction on negligent hiring, retention, and supervision asks whether the employer knew or should have known that an employee would create an unreasonable risk of injury (UJI 13-1647). The person who committed the assault may also be a defendant in a civil case.

What a Civil Claim Can Seek

A civil claim can seek money for the harm the assault caused. The amount depends on the injuries and the proof. Categories often include medical and counseling costs, lost wages, pain and suffering, and emotional distress. When the effects continue, a claim may also address future care.

Documentation matters. Medical and counseling records, receipts, and records of time missed from work help show these losses. A simple written log of appointments, symptoms, and missed work can also help over time.

Punitive damages are a separate question. A jury may consider them only after it finds the injured person should recover compensatory [or nominal] damages, and only if the conduct was malicious, willful, reckless, wanton, fraudulent, or in bad faith; an employer may be liable for an employee’s such conduct if the employee was acting within the scope of employment and had sufficient discretionary or policy-making authority to speak and act for the employer, independently of higher authority, or in other circumstances set out in the instruction (UJI 13-1827).

New Mexico also uses comparative negligence. When a plaintiff’s injury was caused by a combination of negligence of more than one person, a jury compares the negligence of the persons involved and assigns each a percentage (UJI 13-2219). Knowing this helps you understand how fault may be discussed in a case.

How the Process Works: Steps and Timeline

A typical claim moves from a consultation to evidence gathering, talks with insurers, and a lawsuit only if one is needed. Timing varies from case to case.

1. Consultation. You describe what happened. Our team looks at whether a claim against a property owner or security provider may be possible. Bring what you have, such as a police report number, medical paperwork, and the store or security company’s name if you know it.
2. Evidence preservation. Incident reports, surveillance video, security logs, and staffing records help show what happened. Acting early gives more time to request them.
3. Investigation. Medical and counseling records, witness statements, and the property’s maintenance and security history are gathered and reviewed.
4. Demand and negotiation. Insurers may be asked to resolve the claim before any lawsuit. Under Rule 11-408 NMRA, offers to compromise and statements made during settlement talks generally cannot be used to prove or disprove the claim.
5. Lawsuit, if needed. If a fair resolution isn’t reached, a lawsuit may be filed. Litigation can take many months, and sometimes longer.

Our team can walk through the expected stages for your situation during the consultation.

Time Limits to Keep in Mind in New Mexico

New Mexico sets a three-year deadline for actions for an injury to a person (NMSA 1978, § 37-1-8). Don’t wait to ask about it.

Minors and incapacitated persons get one year after the incapacity ends to bring an action (§ 37-1-10). Time during which a court order or other lawful proceeding stops a case from starting is not counted toward the limit (§ 37-1-12). An action starts when the proper papers (a petition, declaration, bill, or affidavit) are filed with the clerk, with intent that process issue immediately, which intent is presumed unless the contrary appears (§ 37-1-13).

These rules have details that depend on the facts. Contact an attorney early so evidence can be preserved and the deadline can be reviewed.

Why Work With El Gringo Law

El Gringo Law represents people in New Mexico with sexual assault, negligent security, premises liability, and wrongful death matters. The firm uses the trade name El Gringo Law.

Josh Wood is the lawyer responsible for this page. He is licensed in New Mexico and Arizona. Our team works with people in Albuquerque and Bernalillo County. Website: elgringolaw.com.

In practice, the firm talks through the facts with you, helps preserve evidence, communicates with insurers, and files a lawsuit when one is needed. You’ll hear what each step involves before it happens.

Frequently Asked Questions

Short answers to common questions are below.

Talk With Our Team About Your Situation

Many people reading this are helping someone they care about. Others are still living with what happened at a store or shopping center. You don’t have to sort through the legal questions alone. When you’re ready to talk, reach out by phone, through the contact form, or by starting a chat. Our team will listen to your situation and explain what your options may look like.