Hiring a Slip and Fall Lawyer in New Mexico
Who is responsible for a fall in New Mexico, the deadline to sue and the shorter deadline for falls on city property, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in New Mexico: fee rules
| If you disagree with a lawyer's bill | The State Bar of New Mexico's Fee Arbitration Program is a free, voluntary, out-of-court way to resolve fee disputes; either the client or the attorney can request it, and if either declines, no arbitration takes place. Disputes of $1,000 to $25,000 go to a single arbitrator; above $25,000 either party may request three arbitrators. It does not cover unfavorable case outcomes, malpractice or misconduct damages claims, or fees already set by a court order, rule or decision. Email the signed, dated Petition for Fee Arbitration with supporting documents as one PDF to feearbitration@sbnm.org; the other side has 30 days to return a signed agreement. |
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| If a lawyer takes your money | New Mexico's Client Protection Fund reimburses losses caused by dishonest conduct of lawyers licensed in New Mexico, arising from a client-lawyer or fiduciary relationship; not all losses are reimbursable. File within five years of when you knew or should have known of the dishonest conduct. The maximum claim is $50,000. Complete the claim form (signed and notarized) with proof of payment and relevant documents such as the fee agreement, and mail it to CPF Commission, 5121 Masthead St. NE, Albuquerque, NM 87109, or email ClientProtectionFund@sbnm.org. |
New Mexico rules to know first
| Property owner's duty | New Mexico does not divide visitors into invitees and licensees for slip-and-fall purposes: an owner or occupant owes a visitor the duty to use ordinary care to keep the premises safe for the visitor's use, and this duty applies whether or not a dangerous condition is obvious. The owner or occupant is treated as knowing of any condition that a reasonable inspection would have revealed, or that it or its employees caused. The injured visitor must show the owner failed to use ordinary care and that this caused the injury, with fault compared under New Mexico's comparative-fault rules. Instruction amended by Supreme Court Order No. S-1-RCR-2025-00126, effective for cases pending or filed on or after Dec. 31, 2025; its commentary refers to the general rule in UJI 13-1309 (not read) and Ford v. Bd. of Cnty. Comm'rs, 1994-NMSC-077. |
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| Claims against a city or county | Anyone claiming damages from a city, county, school district or other local public body under the Tort Claims Act must present a written notice stating the time, place and circumstances of the injury within 90 days after the occurrence: to the mayor for a municipality, the superintendent for a school district, the county clerk for a county, or the administrative head of any other local public body (claims against the state go to the Risk Management Division). No suit may be maintained unless notice was given or the government had actual notice; time when the injured person was incapacitated (up to 90 days) is not counted, and wrongful-death notice may be given within six months. Liability is capped at $400,000 per person for general damages, $300,000 for medical expenses and $200,000 per property for real property damage, with $750,000 total per occurrence for property and general damages, and no punitive damages or pre-judgment interest. The same law covers state and local public bodies. Read on NMOneSource (New Mexico Compilation Commission official site), NMSA 1978 unannotated, chapter document; the URL is the chapter page. Source: NMSA 1978, §§ 41-4-16, 41-4-19 |
| Fault rule | New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations. Re-verified 2026-10-27. Source: NMSA 1978, § 41-3A-1 |
| Deadline to sue | Three years for an action for an injury to the person. Re-verified 2026-10-27. Source: NMSA 1978, § 37-1-8 |
Find and check a lawyer
| Lawyer referral service | The State Bar of New Mexico's Modest Means Helpline is a civil legal telephone helpline and pro bono referral service for New Mexico residents of modest means (up to 500% of federal poverty guidelines), created by the Access to Justice Commission, the State Bar and the New Mexico State Bar Foundation. Staff attorneys give legal advice by phone and, in limited cases, may refer the case to pro bono attorneys for advice or limited representation. Call 505-797-6013 or 888-857-9935 (Monday-Friday, 8 a.m.-5 p.m. MT; voicemail any time). It does not handle criminal matters; people 55 or older are directed to the Bar Foundation's Legal Resources for the Elderly Program. |
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| Check that the lawyer is licensed | The State Bar of New Mexico publishes an Online Bar Directory on its For the Public pages for locating New Mexico lawyers. State Bar general contact: 505-797-6000 or 800-876-6227. |
Free legal help
| Free legal aid | New Mexico Legal Aid provides civil legal help to low-income New Mexicans. Call 1-833-LGL-HELP (1-833-545-4357) or apply online. The Legal Services Corporation (LSC) lists New Mexico Legal Aid as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.