PREMISES LIABILITY COMPLAINT FOR DAMAGES — NEW MEXICO

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Duty of Care — Visitor Status
6. First Cause of Action — Negligence (Premises Liability)
7. Second Cause of Action — Failure to Warn
8. Third Cause of Action — Negligent Maintenance
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes
14. Sources and References

1. CAPTION

STATE OF NEW MEXICO

COUNTY OF [COUNTY NAME]

[____] JUDICIAL DISTRICT COURT

2. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, New Mexico.

2. Defendant [DEFENDANT FULL NAME] ("Defendant") is [an individual residing in / a corporation organized under the laws of / a limited liability company formed under the laws of] [STATE], and at all relevant times was the [owner / lessee / occupier / manager] of the real property located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, New Mexico (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3.

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to N.M. Const. art. VI, § 13 and NMSA 1978, § 38-3-1.

5. Venue is proper in [COUNTY] County pursuant to NMRA 1-004 because [the cause of action arose in this county / Defendant resides in this county].

4. FACTUAL ALLEGATIONS

6. At all relevant times, Defendant [owned / leased / occupied / managed / controlled] the Premises located at [PROPERTY ADDRESS], [CITY], New Mexico [ZIP CODE].

7. On or about [DATE OF INCIDENT], Plaintiff was [lawfully present on / entering / exiting] the Premises for the purpose of [PURPOSE OF VISIT].

8. At the time of the incident, there existed on the Premises a dangerous condition, specifically: [DESCRIBE DANGEROUS CONDITION IN DETAIL].

9. Defendant had [actual / constructive] knowledge of the dangerous condition because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge of the condition through [DESCRIBE].

☐ The condition existed for a sufficient period of time that Defendant, in the exercise of reasonable care, should have discovered it.

☐ The condition was part of a recurring hazard known to Defendant.

10. As a direct result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT] and sustained serious injuries.

5. DUTY OF CARE — VISITOR STATUS

11. At the time of the incident, Plaintiff was [an invitee / a licensee] on the Premises.

If Invitee:

12. Plaintiff entered the Premises for a purpose connected with Defendant's business or activity. Defendant owed Plaintiff the highest duty of care: to maintain the property in a reasonably safe condition, to actively inspect for hazards, and to warn of known dangers.

If Licensee:

12. Plaintiff entered the Premises with Defendant's permission for non-commercial purposes. Defendant owed Plaintiff a duty to warn of known hazards that were not obvious.

6. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)

(Against [DEFENDANT NAME])

13. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 12 above.

14. Defendant owed Plaintiff a duty to exercise reasonable care in maintaining the Premises.

15. Defendant breached this duty by [failing to maintain / failing to inspect / failing to repair / failing to warn].

16. Defendant's breach was a proximate cause of Plaintiff's injuries and damages.

7. SECOND CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME])

17. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

18. Defendant knew or should have known of the dangerous condition.

19. Defendant failed to provide adequate warning to Plaintiff.

20. Defendant's failure to warn was a proximate cause of Plaintiff's injuries.

8. THIRD CAUSE OF ACTION — NEGLIGENT MAINTENANCE

(Against [DEFENDANT NAME])

21. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

22. Defendant had a duty to properly maintain the Premises.

23. Defendant negligently failed to perform required maintenance, specifically [DESCRIBE].

24. Defendant's negligent maintenance was a proximate cause of Plaintiff's injuries.

9. DAMAGES

25. As a proximate result of Defendant's negligence, Plaintiff has suffered the following damages:

a. Medical Expenses: Past and future reasonable and necessary medical expenses.

b. Lost Wages and Earning Capacity: Past and future loss of wages and earning capacity.

c. Physical Pain and Suffering: Past and future physical pain and suffering.

d. Mental Anguish: Past and future mental anguish and emotional distress.

e. Physical Impairment: Past and future physical impairment and disability.

f. Disfigurement: Past and future disfigurement.

g. Loss of Enjoyment of Life: Past and future loss of enjoyment of life.

h. Loss of Consortium: [IF APPLICABLE — Loss of consortium.]

i. Punitive Damages: [IF APPLICABLE — Where Defendant's conduct was willful, wanton, fraudulent, or in reckless disregard of Plaintiff's rights.]

10. JURY DEMAND

26. Plaintiff hereby demands a trial by jury on all issues triable by jury.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. Compensatory damages in an amount to be determined at trial;
2. Punitive damages [IF APPLICABLE];
3. Pre-judgment and post-judgment interest;
4. Costs of suit;
5. Such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME], NM Bar No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], New Mexico [ZIP CODE]
Telephone: [PHONE]
Facsimile: [FAX]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

STATE OF NEW MEXICO
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being first duly sworn upon oath, state that I have read the foregoing Complaint for Damages and that the facts stated therein are true and correct to the best of my knowledge and belief.

________________________________________
[PLAINTIFF FULL NAME]

SUBSCRIBED AND SWORN TO BEFORE ME on [DATE].

________________________________________
Notary Public
My Commission Expires: [DATE]

13. STATE-SPECIFIC NOTES

Premises Liability Framework. New Mexico applies general negligence principles to premises liability claims. The invitee/licensee/trespasser classification informs the duty of care analysis. The New Mexico Supreme Court has taken steps toward modernizing the framework. Chavez v. Torres, 118 N.M. 79 (1994).

Pure Comparative Fault. New Mexico follows pure comparative fault — a plaintiff can recover even if 99% at fault. Damages are reduced by the plaintiff's percentage of fault. NMSA 1978, § 41-3A-1. New Mexico Uniform Jury Instructions (UJI 13-2801 et seq.) guide the allocation of fault.

Three-Year Statute of Limitations. NMSA 1978, § 37-1-8 provides three years from the date of injury.

Government Claims. Claims against government entities are governed by the New Mexico Tort Claims Act, NMSA 1978, § 41-4-1 to 41-4-30. A 90-day written notice is required. NMSA 1978, § 41-4-16. The Act provides specific waivers for premises liability involving buildings, public parks, and equipment (§ 41-4-6).

Premises Liability Beyond Property Lines. New Mexico law recognizes that premises liability claims can extend to injuries occurring off the property if the owner's negligent condition foreseeably caused harm beyond the property's borders. Sanders v. NMDOC, 2023-NMCA-030.

Punitive Damages. New Mexico permits punitive damages where conduct was willful, wanton, fraudulent, or in reckless disregard of the plaintiff's rights. No statutory cap applies.

No Non-Economic Damages Cap. New Mexico does not cap compensatory damages in standard negligence cases.

14. SOURCES AND REFERENCES

• NMSA 1978, § 41-3A-1 — Pure comparative fault
• NMSA 1978, § 37-1-8 — Three-year statute of limitations
• NMSA 1978, § 41-4-1 to 41-4-30 — New Mexico Tort Claims Act
• NMSA 1978, § 41-4-6 — Government premises liability waiver
• NMSA 1978, § 41-4-16 — 90-day notice requirement
• Chavez v. Torres, 118 N.M. 79 (1994)
• Sanders v. NMDOC, 2023-NMCA-030
• UJI 13-2801 et seq. — Comparative fault jury instructions