When a Death Happens on Someone Else's Property, Your Family Deserves Answers

When someone dies after a fall, a collapse or another dangerous condition on property they did not own, New Mexico law may allow a wrongful death claim. Premises liability is the part of that claim that asks whether the property was kept reasonably safe. This page explains how a wrongful death premises liability lawyer in New Mexico approaches these cases, including who can file, the deadlines and what happens next.

What a premises liability wrongful death claim is, and who it is for

A premises liability wrongful death claim holds a property owner or occupant responsible when the owner or occupant breaches the duty to use ordinary care to keep the premises safe and a dangerous condition on the property causes a death. Under New Mexico’s wrongful death statute, a death caused by another’s wrongful act, neglect or default can lead to liability for damages, even though the injured person has died, if the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof (§ 41-2-1).

Three questions drive most of these cases:

• Was the condition dangerous?
• Did the owner know about it, or would a reasonable inspection have found it?
• Did the condition cause the death?

Causation is the link between the hazard and the death. In New Mexico, a proximate cause produces the injury in a natural and continuous sequence, and the injury would not have happened without it. It need not be the only cause (Herrera v. Quality Pontiac).

This page is for families whose loved one died after a fall, collapse or unsafe structure on property they did not own.

Dangerous conditions and incidents these claims cover

Most of these claims involve a hazard the owner created, knew about, or should have found. Common examples include:

• Wet floors, broken stairs, missing handrails and uneven walkways with no warning.
• Balconies, decks, railings and stairways that give way.
• Roofs, ceilings and scaffolding that collapse.
• Poor lighting, broken locks or missing access controls in a fatal assault, which is a negligent security case.

New Mexico’s duty to visitors requires an owner to use ordinary care to keep the premises safe. That duty applies even when a danger is known or obvious, unless a court finds the visitor’s negligence unforeseeable as a matter of law (UJI 13-1309).

An owner is also charged with conditions a reasonable inspection would have revealed, and conditions the owner or its employees caused (UJI 13-1318).

Families often can preserve useful proof now. That includes photos, incident reports, maintenance and repair records, witness names and any earlier complaints about the same spot.

Who can file a wrongful death lawsuit in New Mexico

The personal representative of the person who died brings a New Mexico wrongful death lawsuit for the family members the law protects. The statute says the action is brought “by and in the name of the personal representative of the deceased person” (§ 41-2-3).

The statute also sets who receives any judgment. Proceeds are not liable for the deceased’s debts, provided the decedent has left a spouse, child, father, mother, brother, sister or child or children of the deceased child. A surviving spouse, and children or grandchildren, come first. Parents and siblings take only in the situations the statute describes.

The jury may weigh the financial loss to surviving family members. It may also consider mitigating or aggravating circumstances of the wrongful act (§ 41-2-3).

Who counts as a proper party depends on the facts of each family’s situation.

New Mexico filing deadlines: the statute of limitations

Under New Mexico’s wrongful death statute, every action must be brought within three years after the cause of action accrues, and the cause of action accrues as of the date of death (NMSA 1978, § 41-2-2). The cause of action accrues as of the date of death (§ 41-2-2).

A tort action against a governmental entity or public employee must be commenced within two years after the date of occurrence, except that a minor under the full age of seven years has until his ninth birthday to file (§ 41-4-15).

The New Mexico Tort Claims Act generally requires written notice of a claim against a government entity or public employee within 90 days after the occurrence giving rise to the claim (NMSA 41-4-16(A)). This notice rule does not govern claims against private parties, such as private property owners. For wrongful death claims against a New Mexico governmental entity or public employee under the Tort Claims Act, notice may be presented within six months after the date of the injury that resulted in the death (NMSA 41-4-16(C)). Without that notice, no suit can proceed, unless the government entity had actual notice of the occurrence (§ 41-4-16).

Immunity does not apply to liability for wrongful death caused by public employees’ negligence while acting within the scope of their duties in the operation or maintenance of any building, public park, machinery, equipment or furnishings (§ 41-4-6).

Video, maintenance logs and repair records can be overwritten or thrown away. Acting early helps protect them.

How a premises liability wrongful death case typically moves forward

A typical case moves from a confidential conversation to evidence gathering, investigation, a claim and, if needed, a lawsuit.

1. First conversation. We hear what happened, who was involved and what documents your family has.
2. Evidence preservation. We send requests asking the property owner to keep video, inspection records, repair records and incident reports.
3. Investigation. We document the site, gather witness statements, and review medical and death records and the property’s history.
4. Responsible parties. We identify owners, managers and others who controlled the condition, based on the facts found.
5. Claim. We present the claim to the responsible parties and their insurers, with a clear explanation of your family’s losses.
6. Lawsuit, if needed. We file within the deadline, then move through discovery, mediation or trial while keeping you informed.

Timelines vary widely from case to case, and no particular timeline is promised.

What it costs and who pays

Your first consultation is free, confidential and comes with no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso).

Costs and expenses are spelled out in the written agreement, which we review with you at the consultation. Ask about every cost before you decide.

Claims like this can involve court filing fees, records requests and expert review. Check how each one is handled in the agreement.

Why families work with El Gringo Law

El Gringo Law handles wrongful death and premises liability claims in New Mexico. The firm also handles car accidents, trucking accidents, negligent security, catastrophic injuries and sexual assault cases.

Josh Wood is the lawyer responsible for this page. He is licensed in New Mexico and Arizona. The firm has more than one lawyer and support staff, so families work with a team.

We explain each step in plain language, so you know what is happening and why. You can reach us through the contact form at our contact page.

Frequently asked questions