Albuquerque Slip and Fall Attorneys

Who Is Liable for a Slip and Fall Accident?

Liability for a slip and fall accident can vary depending on the circumstances of the incident and the laws applicable in the specific jurisdiction. Multiple parties might be held responsible for a slip and fall accident:

• Property Owner or Occupier: The owner or occupier of the property where the slip and fall occurred may be held liable. This includes individuals, businesses, or government entities responsible for maintaining the premises. Liability is often based on a duty of care owed to visitors.
• Businesses: In commercial establishments such as stores, restaurants, or malls, the business owner or manager may be held liable for slip and fall accidents that occur on their premises. They are expected to maintain a safe environment for customers and visitors.
• Landlords: In cases where the slip and fall occurs in a rental property, the landlord may be held liable for hazardous conditions, especially if they were aware of the issue and failed to address it or provide warnings.
• Maintenance and Cleaning Companies: If a slip and fall accident is caused by the negligence of a third-party maintenance or cleaning company hired by the property owner or occupier, that company may be held liable for the incident.
• Government Entities: In some cases, if the slip and fall occurs on public property or property owned by a government entity, such as a park or sidewalk, the government may be held liable for inadequate maintenance or failure to address known hazards.
• Contractors: If construction or repair work is being conducted on the premises, the contractor responsible for the work may be held liable if their activities contribute to the slip and fall accident.
• Product Manufacturers: If a slip and fall is caused by a defective product, such as a slippery surface treatment or inappropriate flooring material, the manufacturer of the product might be held liable under product liability laws.

When Is a Property Owner Liable for a Slip and Fall? 

Like other types of personal injury claims, there are certain elements you must prove to have a valid slip and fall case. When you prove these elements, you can establish the property owner’s liability and seek fair compensation for your damages. 

The elements of a successful slip and fall case include: 

• Duty of Care: In New Mexico, property owners owe varying duties of care to different types of visitors on their premises. Invitees, or people who visit the property for the financial or social benefit of the property owner, are owed the highest duty of care, while licensees, or people who lawfully visit the property for their own purposes but not for the financial gain of the property owner, are owed a slightly lesser duty of care. The only duty of care property owners owe to trespassers in New Mexico is to refrain from causing intentional injury.
• Breach of the Duty of Care: To have a valid case, you must prove that the property owner breached the duty of care they owed to you. In nearly all instances, this involves proving that the property owner was somehow negligent or acted wrongfully. For example, if the property owner knew or reasonably should have known that a spill had occurred on the property, and could reasonably understand that the spill caused a condition that might cause foreseeable harm, yet failed to take adequate measures to clean up or warn visitors of the spill, the property owner would likely have breached the duty of care to remove, repair, or warn of dangerous conditions. 
• Injury and Damages: You must also prove that you were, in fact, injured and that your injuries led to measurable damages. Even if you slipped and fell as a result of a dangerous condition on the property, you do not have a case if you were not injured. You must also establish that your injuries led to damages, such as medical expenses, lost wages, lost earning ability, physical pain, mental suffering, emotional distress, etc. Without the presence of damages, you have nothing to seek in your personal injury claim. 
• Causation: Lastly, you must prove that the property owner (or defendant’s) negligent or wrongful conduct was the proximate cause of your injuries and related damages. In other words, you must show the connection between the property owner’s breach of the duty of care and the incident that caused your injuries. For example, you can prove that, because the property owner failed to adequately clean up or put out warning signs about a spill, you slipped and fell, leading to a concussion, broken arm, or another injury. 

If you can prove the various elements of your case, you can hold the property owner (or another liable party) legally responsible for your slip and fall-related damages.

Common Slip and Fall Injuries 

In the United States, falls are a leading cause of catastrophic injuries, such as head and brain injuries, as well as death.

Other common injuries associated with slip, trip, and fall accidents include: 

These injuries can lead to significant and ongoing pain, as well as numerous secondary complications. Severe slip and falls can even have permanent effects on the lives of victims and their loved ones. 

What Types of Damages Can Be Recovered in a Slip and Fall Case? 

At Martinez, Hart, Sanchez & Romero, we are often asked by potential clients what the value of their claims may be. While we understand the urgency of this question, it is, unfortunately, impossible to provide a precise answer without first going over the specific details of a given case. Many variables affect the potential value of a slip and fall claim, including the severity of the victim’s injuries, the cost of their medical care, and whether they contributed to the event that caused their injuries in any way, among other factors. 

However, there are certain types of damages that are commonly recovered in successful slip and fall cases. These damages include: 

At Martinez, Hart, Sanchez & Romero, our goal is to help our clients recover the maximum allowable compensation they are owed. We work diligently to build persuasive, evidence-based cases that account for all of our clients’ current and future losses. While we strive to recover fast, favorable settlements, we are also prepared to go to trial whenever necessary.

How Our Slip and Fall Accident Attorney Can Help You

Here’s how we can assist:

• Comprehensive Investigation: We complete a thorough investigation to gather evidence supporting your claim. This includes collecting photographs of the accident site, getting surveillance footage, reviewing maintenance records, and interviewing witnesses. We ensure that no detail is overlooked in building a strong case.
• Establishing Liability: To recover compensation in a slip and fall case, it must be proven that the property owner or responsible party was negligent. We analyze the circumstances of your accident to establish liability, demonstrating how the hazard was created or left unaddressed despite the owner’s duty to maintain safe premises.
• Calculating Damages: Slip and fall accidents could result in extensive medical expenses, lost income, and emotional suffering. We work with medical professionals and financial experts to calculate the full extent of your damages, ensuring that your claim accounts for both current and future needs.
• Negotiating with Insurance Companies: Insurance companies often attempt to minimize payouts or deny claims altogether. We are skilled negotiators who know how to handle insurance adjusters. We advocate for your best interests and fight for a fair settlement that reflects the true value of your case.
• Representing You in Court: If a fair settlement cannot be reached, we are fully prepared to take your case to court. We can present compelling arguments and evidence to secure the compensation you rightfully deserve. We have the resources and experience to litigate even the most complex slip and fall claims.

Contact Our Slip And Fall Lawyers in Albuquerque Today

We are known for taking on highly complex cases—and winning the results our clients need to move forward with their lives. As your legal team, we will make ourselves consistently available to answer your questions, address your concerns, and guide you through the process from start to finish. Our Albuquerque slip and fall lawyers genuinely care about the people we serve, and we are dedicated to bettering our community by pushing for improved safety standards and policy changes. 

We never lose sight of the fact that our clients are real people. We know that this is likely one of the more difficult times in your life, and we want to help you navigate your recovery so that you can focus on healing. We are ready to handle every legal detail, from gathering important evidence to communicating with the insurance company on your behalf. Should your case proceed to litigation, we will make sure that you feel fully prepared and know what to expect every step of the way. 

There are no legal fees unless we win your case! Call us today at (505) 806-1780 or contact us online to request a free, no-obligation consultation with our Albuquerque slip and fall lawyer.