Rodriguez v. Del Sol Shopping Ctr. Assoc.

Summary

The New Mexico Supreme Court held that foreseeability is not a factor in determining the existence or scope of a duty of care in premises‑liability cases and that courts must rely on specific policy reasons unrelated to foreseeability when deciding whether to limit or eliminate a duty. The Court reversed the Court of Appeals, which had found no duty based on a foreseeability analysis, and remanded for the district courts to apply a policy‑driven duty analysis. The decision emphasizes that duty analysis is a matter of law distinct from breach and causation, which remain jury questions.