Can You Sue Your Landlord for Negligence in New Mexico?
Rental housing is everywhere in Las Cruces and throughout New Mexico. Tenants rely on landlords to maintain safe premises, from the parking lot to the front door. When someone is hurt, the big question is: who is responsible?
Who Is Responsible if Someone Gets Hurt on Rental Property?
Under New Mexico law, a landlord has a legal duty to provide safe, habitable housing. This includes keeping common areas maintained, repairing known hazards, and following city building codes.
Tenants also have responsibilities. If an injury occurs because of a tenant’s own negligence or misuse of the property, the landlord may not be liable. For example, if a tenant creates a hazard inside their unit and is injured, the responsibility may rest on them.
Location matters. Injuries in common areas such as stairwells, parking lots, public swimming pools, and hallways are more likely to fall under landlord responsibility than injuries caused inside a private unit.
When Can You File a Personal Injury Claim Against a Landlord?
A tenant may have grounds for a personal injury claim against a landlord if the injury results from unsafe property conditions. Examples include:
- Broken or missing railings on stairways
- Poor lighting that causes slips or falls
- Fire hazards from faulty wiring
- Defective or broken locks that lead to assault or theft injuries
For a valid claim, the tenant usually must show that the landlord knew about the danger or reasonably should have known about it and failed to act. A landlord’s failure to fix hazardous conditions after receiving notice often strengthens the case.
What About “Not Liable” Clauses in Rental Agreements?
Many leases include a “landlord not liable for injury” clause. While these provisions may look intimidating, they often do not hold up in court under New Mexico law. Landlords cannot contract away their basic duty of care.
Even if a tenant signed a lease with this clause, they may still have the right to bring a claim if the landlord’s negligence caused the injury.
When Is a Landlord Most Likely Liable for Tenant Injuries?
Landlords are most often liable when injuries stem from issues directly under their control, such as:
- Unsafe structural defects in the property
- Failure to maintain building systems such as plumbing or electrical wiring
- Ignoring city code violations or safety standards
- Inadequate security, such as broken locks or missing lighting, that leads to criminal acts against tenants
In each of these scenarios, the landlord’s failure to act reasonably to prevent harm can expose them to liability.
How Much Compensation for Landlord Negligence?
Compensation in landlord negligence cases depends on the severity of the injury and its long-term impact. Tenants may recover damages for:
- Economic losses such as medical bills, rehabilitation costs, and lost wages
- Non-economic damages such as pain, suffering, and reduced quality of life
- Punitive damages if the landlord’s conduct was reckless or willful
Spinal cord injuries, broken bones, burns, or other serious conditions can result in substantial settlements or jury awards because of the lifelong care required.
Protecting Your Rights as an Injured Tenant
Tenants in New Mexico have the right to pursue personal injury claims and recover compensation when a landlord’s negligence causes harm. If you or a loved one has been injured due to unsafe rental property conditions, contact Egan Law Offices.