Premises Liability & Contracting the Coronavirus in New Mexico
There is much discussion as to whether it is within the realm of possibility to successfully sue a New Mexico business after catching coronavirus on-site. We are more than 18 months into the pandemic and the virus is still mutating into new variants, some of which the vaccine is not effective against. Restrictions are being lifted in spite of the fact that the pandemic appears to be worsening. Let’s take a look at whether a New Mexico business can be sued after someone contracts the coronavirus on the premises.
Taking Legal Action After Catching Coronavirus due to Another’s Negligence
Indeed, it is possible to take legal action after contracting coronavirus at a business or other establishment in New Mexico. An New Mexico resident in such a situation has the legal right to file a lawsuit against the entity in question if that entity failed to perform responsible safety practices. Furthermore, if the business in question opened prematurely, causing you, the plaintiff, to catch the virus, it is possible to file a lawsuit against that business. However, there is no guarantee such a lawsuit would succeed. It is quite possible suing a New Mexico business owner for negligence after catching coronavirus on the premises of that business could lead to a prompt dismissal.
Such a lawsuit is that much more likely to succeed if you had tangible proof that the business owner’s lack of due care for others in the vicinity, referred to as negligence, caused the transmission of coronavirus to you. If such a causal relationship can be proven, there is a chance for recovering financial compensation. This compensation would be used to pay medical bills related to the contraction of the virus, lost wages, diminished earning capacity, pain, suffering and additional losses causally related to the negligence. If you are even slightly suspicious another business owner’ negligence is the reason why you caught the virus, you owe it to yourself to explore a personal injury lawsuit by consulting with a New Mexico personal injury attorney.
An Example of a Potential Coronavirus Lawsuit
A New Mexico business that reopens yet fails to take the precautions necessary to safeguard you, the customer, or employees, might be considered negligent in a court of law. If you experience virus symptoms such as the loss of taste, difficulty breathing, coughing or fever after visiting a specific establishment and suspect that establishment is the cause of your current condition, it only makes sense that you are provided with financial compensation for your losses.
The sad truth is some businesses remain open in spite of the fact that an outbreak has occurred on-site, simply because the profit motive is so strong. Meet with a New Mexico personal injury attorney for a thorough review of your case and you will have a better idea as to whether you have solid legal footing for a personal injury lawsuit alleging the defendant acted negligently.
Premises Liability and the Assumption of Risk
A COVID-19 lawsuit filed against a New Mexico business is a premises liability case. This means there is an allegation of negligence on the business owner’s part for failing to notify customers of the dangers present on-site. However, the business owner or manager must have known about those dangers in order for them to be found guilty of negligence.
There is an argument to be made that the presence of a virus constitutes an unreasonably dangerous condition. A business’s failure to take the proper precautions in spite of the fact that the virus cannot be seen offsets the customer’s assumption of risk when in a public place. If you suspect another party is responsible for your illness or injury, reach out to our New Mexico personal injury law firm today.
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