Written by Baeza Law Firm | Premises Liability | Texas & New Mexico | Updated February 2026 | ⏱ 4–5 minute read
You went to a store, an apartment complex, or a parking lot expecting basic safety. You left with a serious injury. Under the law, that does not have to be the end of the story.
Property owners in Texas and New Mexico have a legal duty to maintain reasonably safe premises for the people who visit them. When they ignore known hazards — or miss ones a basic inspection would have caught — and someone gets hurt, the law may hold them responsible. Here is what you need to know.
What Property Owners Are Required to Do
Texas premises liability law and New Mexico premises liability law both recognize that the duty a property owner owes you depends on why you were there. Most people injured in stores, apartment common areas, restaurants, or offices are classified as invitees — the highest-protection category.
| Invitees Receive the Highest Protection If you were a customer, tenant, or visitor at a business, the owner was legally required to inspect the property, fix dangerous conditions, and warn you about hazards — including ones they should have found through a reasonable inspection, even if they claim not to have known. |
Common Hazards That Lead to Serious Claims
Premises liability injuries often stem from conditions that existed for days or weeks before anyone acted. The most common include:
- Wet floors without warning signs
- Broken stairs or missing handrails
- Poor lighting in parking lots and entryways
- Unsecured apartment building gates creating foreseeable security risks
- Loose, uneven, or buckled flooring that catches a foot without warning
- Exposed wiring or electrical hazards
These conditions rarely appear overnight. They develop over time, often appearing in maintenance logs and prior complaint records. That documented history is one of the most important things an attorney investigates.
The Law in Texas, New Mexico, and at the Federal Level
Your rights and your deadlines differ depending on which side of the state line the injury occurred. Here is a plain-language summary:
| Jurisdiction | Legal Framework | Key Duty / Fault Rule | Filing Deadline* |
| Texas | Texas common law + Civ. Prac. & Rem. Code Ch. 75 | Owner must inspect, fix, or warn about hazards — including those discoverable by reasonable inspection. Modified comparative fault: you cannot recover if more than 50% at fault. | 2 years from injury date Tex. Civ. Prac. & Rem. Code §16.003 |
| New Mexico | NM common law + NMSA 1978 §41-4-6 (gov’t property) | Maintain reasonably safe conditions and warn of known hazards. Pure comparative negligence: even if you are partly at fault, you can still recover — your award is reduced by your fault percentage. | 3 years from injury date NMSA 1978 §37-1-8 |
| Federal (ADA) | Americans with Disabilities Act, 42 U.S.C. §12101 | Public accommodations must meet federal accessibility standards. ADA violations — broken ramps, missing grab bars, inaccessible routes — can strengthen a premises liability claim. | Varies; consult an attorney |
*Deadlines vary by defendant type and specific facts. Government-owned property may trigger shorter notice deadlines under the Texas Tort Claims Act or New Mexico Tort Claims Act. Contact an attorney promptly to confirm your deadline.
| Time Is the Enemy of a Premises Claim Surveillance footage is often automatically overwritten within 24–72 hours. Maintenance records can disappear. The longer you wait, the harder it becomes to prove what the owner knew and when they knew it. If you have been injured, act quickly to preserve your rights — even if you haven’t decided whether to file a claim. |
What to Do After a Property Injury
- Report it immediately. Notify the manager or property owner before you leave. Request a written incident report and keep a copy.
- Document the hazard. Photograph or video the exact condition — wet floor, broken railing, dark parking lot — before anything is cleaned or repaired.
- Seek medical attention promptly. Delayed treatment gives insurers an argument that injuries were not serious. See a doctor even if symptoms seem minor.
- Do not give a recorded statement to the property owner’s insurance company without first speaking to an attorney.
- Contact an attorney quickly. A preservation letter can be sent immediately to prevent destruction of surveillance footage and records.
How Baeza Law Firm Builds Your Case
Insurance companies move fast after a reported injury. Their adjusters are trained to minimize what they pay — including finding reasons to blame you. We respond with documented facts, not arguments.
Our investigation typically includes:
- Surveillance footage preservation — before it is overwritten
- Maintenance logs and work orders — proving what the owner knew and when
- Prior incident and complaint records — showing a pattern of neglect
- Witness statements — from employees and bystanders
- Medical documentation strategy — working with your providers to document the full impact
| What You May Be Able to Recover Depending on the law and facts of your case: medical expenses (past and future), lost wages, pain and suffering, emotional distress, and other out-of-pocket losses. Every case is different — no attorney can promise a specific result, but we will make sure the full scope of your losses is documented and presented. |
| You Deserve Honest Answers If you were seriously injured on unsafe property in West Texas or Southern New Mexico, we are ready to listen — no pressure, no obligation. El Paso, TX • Las Cruces, NM • West Texas • Southern New Mexico Helping good people. Fighting bad companies. |
References
Formatted per APA 7th Edition / Bluebook (Chapter 11, §11.5).
Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621–634 (2018). https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (2009). https://www.ada.gov/topics/title-iii/
Limitation of Landowners’ Liability, Tex. Civ. Prac. & Rem. Code ch. 75 (West 2024). https://statutes.capitol.texas.gov/Docs/CP/htm/CP.75.htm
Statute of Limitations — Personal Injury, Tex. Civ. Prac. & Rem. Code §16.003 (West 2024). https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
Texas Tort Claims Act, Tex. Civ. Prac. & Rem. Code ch. 101 (West 2024). https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm
Employment Discrimination, Tex. Lab. Code Ann. ch. 21 (West 2024). https://statutes.capitol.texas.gov/SOTWDocs/LA/htm/LA.21.htm
Liability; buildings, public parks, machinery, equipment and furnishings, N.M. Stat. Ann. § 41-4-6 (2024). https://law.justia.com/codes/new-mexico/chapter-41/article-4/section-41-4-6/
Statute of Limitations — Injury to Person, N.M. Stat. Ann. § 37-1-8 (2024). https://law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-8/
Human Rights Act, N.M. Stat. Ann. §§ 28-1-1 to -15 (2024). https://law.justia.com/codes/new-mexico/chapter-28/article-1/section-28-1-7/
U.S. Department of Labor. (n.d.). Age discrimination. https://www.dol.gov/general/topic/discrimination/agedisc
U.S. Equal Employment Opportunity Commission. (n.d.). Age discrimination. https://www.eeoc.gov/age-discrimination
LEGAL DISCLAIMER
This blog post is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Baeza Law Firm. Laws change, vary by jurisdiction, and their application depends on the specific facts and circumstances of each individual case. Filing deadlines and legal standards referenced above are general in