Las Cruces, NM asked in Personal Injury for New Mexico

Q: If a ceiling fan installer falls off his ladder am I liable for his injuries?

I have 12 foot ceilings and am worried for the safety of the contractor.

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered

A: A New Mexico attorney could advise best, but your question remains open for two weeks. In such settings, the person is generally covered under workers' comp insurance. If there were factors that contributed to a fall in terms of unsafe conditions within the control of the homeowner (such as a defect in the floor, etc.), that could sometimes create the basis for a separate claim against the homeowner. Good luck

Tim Akpinar

Slate James Stern
Slate James Stern
Answered
  • Santa Fe, NM
  • Licensed in New Mexico

A: The answer to your question would depend on the circumstances of the fall. Did the fall occur because through your own fault or the installers fault? Was the installer professionally hired to undertake the work? Did he have worker's compensation insurance. Without more information, it's impossible to answer your question.

The area of personal injury law is broad and includes many different types of claims that can arise from a wide variety of accidents and other incidents. Within personal injury law, there is a particular type of claim known as a premises liability claim. Yet even the area of premises liability is relatively broad itself, and it can be complicated to learn about the distinct types of premises liability claims, especially since some of them might seem quite different from one another..

Generally speaking, a property owner in New Mexico can be liable for injuries in a premises liability if there was a hazardous condition on their property that a reasonable property owner would have corrected or warned visitors about. Hazardous conditions might include, for example, a liquid spill, or damaged or torn flooring. However, injured people can also bear some—or all—responsibility for their own injuries if they slipped and fell because they were texting while walking or intoxicated.

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