Sanders Law Firm
View Our Practice Areas

Detailing your duty of care as a property owner

Many of the clients that we here at the Sanders Law Firm have worked with in the past have been forced into dealing with every property owner's nightmare scenario: someone sustaining injuries on their land. If you are currently dealing with the same issue, then you may have already resigned yourself to the notion that you will be held liable (after all, any accidents that occur on your property are your responsibility, right?). Yet your actual liability may depend on why the injured person was on your property in the first place. 

When you invite someone into your home or onto your land, you want to do everything necessary to ensure that they remain safe while there. Your legal responsibility also extends to protecting them from potential hazards that you may not yet know about, yet can be reasonably foreseen. For example, if someone comes while it is snowing, then you will want to ensure that your steps and walkways are shoveled, as one might reasonably expect ice to accumulate on them (thus causing a safety hazard) if you do not. 

The same responsibility extends to licensees (people who may enter onto your property to do business, like a delivery driver). Yet what responsibility do you owe to trespassers? Per New Mexico's Civil Jury Instructions, you only have to warn trespassers if you maintain an artificial condition on the land that could be dangerous or engage in activities that could present a risk of injury to people coming on to your land. Yet while they assume the risk of any other hazards they may encounter while there, you cannot intentionally harm trespassers. 

You can learn more about your duty of care as a property owner by continuing to explore our site. 

No Comments

Leave a comment
Comment Information
  • The National Trial Lawyers | Top 40 | Under 40
  • The American Society of Legal Advocates
  • Super Lawyers | Avvo Rating | Superb
  • Star Bar Of New Mexico
  • 10 Best | 2017 | Client Satisfaction
  • Top 10 Attorney And Practice Magazine's
  • distinguished Justice Advocates | top 1% attorneys in America
  • top listed in best Lawyers
  • rated by super lawyers
  • The National Trail Lawyers | Top 100
Email Us For A Response

Contact Us Today. Call 575-578-4392 or complete this form to schedule a consultation with our legal experts.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Offices Conveniently Located in Roswell, Albuquerque & Hobbs

Roswell Office
701 West Country Club Road
Roswell, NM 88201

Toll Free: 866-755-7229
Phone: 575-578-4392
Fax: 575-622-5853
Map & Directions

Albuquerque Office
4801 Lang NE
Suite 110
Albuquerque, NM 87109

Toll Free: 866-755-7229
Phone: 505-798-2588
Map & Directions

Hobbs Office
732 E. Michigan
Suite 500
Hobbs, NM 88240

Toll Free: 866-755-7229
Phone: 575-318-2887
Fax: 575-393-0565
Map & Directions

Las Cruces Office
1990 E Lohman Ave
Las Cruces, NM 88001

Phone: 575-222-1111
Map & Directions

Ruidoso Office
1100 Sudderth Dr
Ruidoso, NM 88345

Phone: 575-222-1111
Map & Directions