Premise liability laws apply to both public and private property owners who engage in willful and wanton conduct. That can include failing to make repairs to sidewalks and stairs or allowing their dog to roam freely about the neighborhood.
The only exception to the rule is for trespassers. In New Mexico, property owners are not liable for any injuries sustained by those who have entered their property uninvited or against warnings of no trespassing.
Two other classifications of guests are covered by premises liability laws: invitees and licensees.
An invitee is someone like a friend, family member, or neighbor who has the property owner’s permission to be on the premises. Because they are welcome on the property, if they are injured due to the carelessness of the property owner, they have a legal right to sue for damages.
A licensee could be a salesman or other solicitor who has express or implied permission to be on the property. If the property owner directly invited the person onto their property, they have a legal obligation to ensure their safety. If the licensee enters at their own risk without direct invitation, they are not guaranteed the same duty of care from the property owner and may not be able to pursue legal options if injured.