Hurt in a Preventable Attack? Talk With Our Team About Your Spinal Cord Injury

If you or someone you love was hurt in an assault on another person’s property and now lives with a spinal cord injury, you may have a negligent security claim. New Mexico law can hold a property owner responsible when a failure to use ordinary care to keep the premises safe leads to a visitor being injured by a third person, where the risk of that third person’s injury was foreseeable. This page explains how these claims work in Albuquerque and Bernalillo County, what they can cover, and why timing matters. It’s written for anyone weighing whether to speak with a spinal cord injury negligent security lawyer in Albuquerque.

What a Negligent Security Claim Means After a Spinal Cord Injury

A negligent security claim focuses on the property owner’s own duty to protect visitors, not only on the person who attacked you. New Mexico’s jury instruction says an owner or occupant must use ordinary care to keep the premises safe for visitors (UJI 13-1309). The commentary to UJI 13-1320 states that the owner’s duty to protect visitors arises from a foreseeable risk that a third person will injure a visitor.

The key question is what the property owner knew or should have known, and what it did about the risk.

Spinal cord injuries raise the stakes. The National Institute of Neurological Disorders and Stroke explains that the spinal cord is protected by three layers of tissue and cerebrospinal fluid. Injuries can be partial or complete, and they can affect movement, feeling, and breathing. Those effects often mean medical needs and costs that continue long after the first hospital stay.

When a Negligent Security Claim May Apply

A claim may apply when a security gap was foreseeable and connected to the attack that caused your injury. Several facts usually matter.

• Prior incidents. Earlier assaults, complaints, or known crime on or near the property can show the danger was foreseeable.
• Control. Who ran the locks, gates, lighting, cameras, patrols, and access? The owner, a manager, or a security contractor may each have a role.
• Reasonable measures. Working lights, locked entrances, functioning cameras, patrols, and a response to earlier problems are steps that get examined.
• Link between the incident and the injury. A claim generally depends on showing that the other party’s conduct actually led to the injuries, not only that an incident took place.
• Your own fault. Where a jury question exists on your comparative fault, the property owner’s fault is compared with your own fault as well as with the third person’s conduct.

When more than one party shares fault, each defendant generally pays only its own share. Under NMSA § 41-3A-1, where several liability applies, a defendant who establishes that the fault of another is a proximate cause of the plaintiff’s injury is liable only for the portion of the total damages equal to the ratio of that defendant’s fault to the total fault attributed to all persons, including plaintiffs, defendants and persons not party to the action. Exceptions apply, including for people who acted intending to cause injury.

Every case turns on its own facts, and a consultation is where those facts get reviewed.

What a Claim Can Cover

A claim can seek compensation for the losses the assault and injury caused, now and later.

• Medical care, past and future, including emergency treatment, surgery, hospital stays, and rehabilitation.
• Lost income and lost ability to earn in the future.
• Pain and changes to daily life.

Family members can have their own rights. If a death was caused by the wrongful act, neglect or default of another, NMSA § 41-2-1 provides that the person who, or the corporation which, would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured. Read more about wrongful death claims.

How the Process Works and Why Timing Matters

Most claims follow five steps, from a first consultation through negotiation or a lawsuit. Early contact matters because evidence can disappear.

1. Consultation. We review what happened, where it happened, and what injuries and treatment followed.
2. Investigation. We look at the property’s incident history, police reports, management roles, and surveillance video, which can be overwritten.
3. Medical records. We gather records that show the diagnosis, prognosis, and care needs.
4. Insurers. Insurance adjusters may contact you. You can speak with the firm before giving any recorded statement.
5. Demand, then suit. We negotiate with the responsible parties. If a fair resolution isn’t reached, we file suit in court.

Under NMSA § 37-1-8, actions for an injury to the person or reputation of any person must be brought within three years. Wrongful death actions must be brought within three years, and that clock starts on the date of death (NMSA 1978, § 41-2-2). Property owned by a city or county may be subject to different notice requirements and deadlines under the Tort Claims Act, so tell us who owns the property and contact us soon.

Why Work With El Gringo Law

El Gringo Law represents people in Albuquerque and Bernalillo County who have been hurt in negligent security cases and other serious injury cases.

Our practice covers car accidents, trucking accidents, premises liability, negligent security, wrongful death, sexual assault, catastrophic injuries, spinal cord injuries, amputations, and burn injuries. Josh Wood, licensed in New Mexico and Arizona, is the lawyer responsible for this page. Our team supports the work on each file.

In a spinal cord injury case, we focus on three things:

• Early evidence requests. Early contact helps us ask that video, records, and incident reports be kept.
• Organized medical records. Clear records show how the injury affects daily life and future care.
• Plain updates. We explain each stage in clear language, so you know what’s happening.

Costs and the Free Consultation

The initial consultation is free, confidential, and without obligation to continue. The firm may advance court costs and litigation expenses, which are repaid only from a recovery. Your written agreement lists which expenses you may owe even if the case does not recover, so review it with the firm before you sign.

Frequently Asked Questions

Can I still bring a claim if the attacker was arrested or charged?

Partial fault and your claim

Talk to El Gringo Law About Your Spinal Cord Injury

If a recent assault on someone else’s property left you or a loved one with a spinal cord injury, you may have a claim worth reviewing. Take the first step now, while video and records may still be available.

• Call the firm using the number on our contact page.
• Submit the contact form with a short summary of what happened.
• Start a chat through the same contact page.

El Gringo Law · Josh Wood, responsible lawyer · elgringolaw.com