Losing a loved one is always devastating, but when that loss is caused by the misconduct of another person, the grief is compounded by a sense of injustice. In New Mexico, when a wrongful death occurs in a commercial setting, the surviving family members may be able to file a wrongful death claim to be eligible for compensation for their losses. As experienced New Mexico wrongful death attorneys, the team at Ruhmann Law Firm is here to provide guidance on navigating the complexities of these claims.
What is a Commercial Wrongful Death Claim?
A commercial wrongful death claim arises when someone dies due to negligence, recklessness, or intentional harm while on commercial property or during a business-related activity. This could include accidents at retail stores, restaurants, hotels, construction sites, or while using a defective product or service. The key element is that the death was caused by the failure of a business or property owner to maintain a safe environment or product.
Some common examples of incidents that may lead to commercial wrongful death claims include:
- Slip and fall accidents due to hazardous conditions on commercial property
- Motor vehicle accidents involving commercial trucks or vehicles
- Defective or dangerous products
- Accidents at amusement parks or recreational facilities
- Food poisoning or contamination at a restaurant
- Negligent security leading to assault or homicide on commercial premises
Proving Liability in a Commercial Wrongful Death Claim
For a successful commercial wrongful death claim, the plaintiff needs to show the defendant’s negligence or wrongful act caused the death. This involves demonstrating four key elements:
- Duty: The defendant owed a duty of care to the deceased. For businesses, this generally means a duty to maintain safe premises and products for customers and visitors.
- Breach: The defendant breached that duty through negligence, recklessness, or intentional misconduct. This could be failing to fix a known hazard, not providing adequate security, or designing a defective product.
- Causation: The defendant’s breach of duty directly caused the death. The plaintiff must show that if not for the defendant’s actions or inaction, their loved one would still be alive.
- Damages: The death resulted in compensable losses for the surviving family members, such as medical bills, funeral expenses, lost income, and loss of companionship.
Seeking Compensation in a Commercial Wrongful Death Claim
No amount of money can ever truly compensate for the loss of a loved one. However, a successful wrongful death claim can provide the surviving family with a sense of justice and the financial resources to help rebuild their lives.
Damages that may be recoverable in a New Mexico commercial wrongful death claim include:
- Lost income and benefits the deceased would have earned
- Loss of inheritance
- Funeral expenses
- Pain and suffering of the deceased before death
- Loss of consortium, companionship, guidance, and support for the surviving family members
Punitive damages may also be available in cases of particularly egregious misconduct to punish the defendant and deter similar behavior in the future.
Contact Us Today
If you have lost a family member due to a wrongful act on commercial property in New Mexico, the compassionate attorneys at Ruhmann Law Firm are here to help. We understand the immense grief and challenges you are facing, and we are dedicated to fighting for the justice and compensation your family deserves. Contact us today for a consultation to discuss your case.