Drowning Accident New Mexico: Who Is at Fault?

When a drowning accident occurs in New Mexico, especially involving a child in a private pool, it often raises questions of responsibility. Under New Mexico premises liability law, pool owners owe a duty to maintain safe conditions and may be held accountable if a guest or child suffers injury or death due to inadequate supervision, lack of barriers, or failure to warn of hazards.

Understanding Landowner Duty in New Mexico

New Mexico law requires pool owners to take reasonable safety precautions, particularly when children are involved. Failure to install fences, secure gates, or supervise water access may constitute negligence. Under the attractive nuisance doctrine, homeowners can be responsible even if children enter the property without permission, especially when a pool is likely to attract young children.

Proving Negligence in a Drowning Accident

To pursue a premises liability claim after a drowning accident, injured parties or surviving family members must show that the owner owed a duty of care, that the duty was breached, that the breach directly caused the injury or death, and that damages occurred. Documentation, witness accounts, and expert analysis are essential to establish each of these elements under New Mexico law.

Comparative Negligence and Shared Fault

New Mexico follows a pure comparative negligence rule. Even if the victim or their guardian is found to be partially at fault, compensation may still be possible. However, any damages awarded will be reduced by the percentage of fault assigned to the injured party. This makes it important to work with an attorney who can accurately assess and argue the facts of the case.

Why You Need a Drowning Accident Lawyer in New Mexico

Navigating a legal claim after a drowning incident can be emotionally and legally complex. Insurance companies often try to avoid full responsibility, and key evidence can be lost quickly. A skilled drowning accident New Mexico lawyer like Kenneth G. Egan can help gather and preserve evidence, consult with relevant experts, build a strong case, and pursue full and fair compensation for medical bills, funeral costs, and emotional suffering.

Why Choose the Law Offices of Kenneth G. Egan

When you need a drowning accident attorney in New Mexico, our firm offers nearly 30 years of experience in personal injury and premises liability law. We approach every case with careful preparation and an unwavering focus on results. Whether negotiating with insurers or representing you in court, we are committed to protecting your rights and helping you move forward.

Serving Las Cruces and Neighboring Communities

We are located in Las Cruces and are proud to serve the surrounding areas, including Doña Ana, Santo Tomas, La Mesa, Fort Selden, Radium Springs, and beyond. If your loved one was injured or killed in a drowning accident, contact our office for a free consultation with an experienced attorney.