Are you allowed to sue if you have a slip and fall accident? The answer is YES, (but it’s not always a good idea). We’ll go over all the details of a slip and fall lawsuit in this article. From the timing of the accident, to the location, to finding the right kind of legal help. If you can’t find the answer to your question here, please call us and we’ll gladly point you in the right direction for your unique situation!
The 10,000 Foot Overview of Slip and Fall Cases in New Mexico.
If you’ve been hurt in a slip and fall accident, you’re probably dealing with medical bills, missed work, and plenty of stress. The good news? You might have the right to compensation for your injuries under New Mexico law. An experienced slip and fall lawyer in Albuquerque like those at Roadrunner Law can help you figure out exactly what your rights are, and discuss when it’s appropriate to sue over a slip and fall accident.
Maybe you slipped on a wet floor at your local grocery store where there weren’t any warning signs. Or perhaps you tripped on broken stairs at your apartment complex that the landlord ignored for months. Property owners have a legal duty to keep their premises safe for visitors. When they fail to meet this responsibility and someone gets hurt, the injured person can take legal action to recover damages. But there’s more to winning a slip and fall case than just proving you fell on someone else’s property.
Here’s what makes slip and fall cases different in New Mexico: our state follows a “pure comparative negligence” rule. That means you can recover compensation even if you were partly at fault for your slip and fall accident. For example, if you were looking at your phone when you fell, you might still have a case – especially if the property owner knew about a dangerous condition and didn’t fix it. After all, none of us are perfect, so why should you be denied justice for being a normal human?
Think about this: A customer at an Albuquerque restaurant slips on a spill that staff knew about but didn’t clean up for over an hour. That customer breaks their hip and needs surgery. Should they have to pay thousands in medical bills because the restaurant didn’t take basic safety precautions? We don’t think so, and we can prove it in court.
What Makes a Strong Slip and Fall Case?
Not every fall results in a successful lawsuit, but certain factors can strengthen your case significantly. At Roadrunner Law Firm, we evaluate each case carefully to determine its strength and potential for success. Here’s some of the details we look at when we fight for our clients:
Identify Property Owner’s Responsibilities
New Mexico law requires property owners to take reasonable steps to keep their premises safe for visitors. This means more than just fixing problems when they happen – it means actively working to prevent dangerous conditions from developing in the first place. Property owners must regularly inspect their premises, address hazards promptly, and warn visitors about any dangerous conditions that can’t be fixed immediately.
Consider a grocery store owner’s duties, for example. They need to check their aisles regularly for spills, ensure proper lighting throughout the store, and maintain clear pathways for customers. When they discover a hazard – like a wet floor from produce misting – they must either clean it up right away or place clear warning signs to alert shoppers. Best practice would include a worker standing over the spill until the signs arrive and the mess is cleaned. If they fail to do those basic things, they’re failing to keep their business safe for you.
Identify Dangerous Conditions
The types of hazards that lead to valid claims often share common characteristics. A freshly mopped floor without warning signs in a busy restaurant poses an immediate risk to patrons. Broken stairs or missing handrails in an apartment complex create ongoing dangers for residents. Poor lighting in a parking lot can hide hazards that would be obvious in daylight. A lack of security can be an invitation to criminals to attack and injure customers.
In New Mexico’s winter months, property owners face additional responsibilities. Ice and snow accumulation must be addressed promptly, especially in high-traffic areas. A business owner who fails to clear their walkways of ice or treat them with salt could be held responsible if someone falls and gets hurt.
“Notice” – Who Knew, and When?
One crucial aspect of your case is whether the property owner knew or should have known about the dangerous condition. This concept, called “notice,” plays a major role in determining liability. For instance, if you slip on a spill that just happened seconds ago, the store might not be responsible since they didn’t have time to discover and address it. However, if that same spill remained on the floor for hours while employees walked past it repeatedly, the store’s liability becomes much clearer. You better believe we’re going to get ahold of all the security footage and maintenance logs to find out who knew about the dangerous condition, and when.
Recurring problems often provide the strongest evidence of notice. Take a leaky roof that regularly creates puddles in a shopping mall. If management knows about this ongoing issue but fails to fix it, they’re more likely to be held responsible when someone falls.
Building Your Evidence
Strong cases rely on solid evidence gathered as soon as possible after the incident. Photos of the dangerous condition, witness statements, and incident reports all help tell the story of what happened. Medical records document your injuries and connect them directly to the fall. If you can show that similar incidents happened in the same location before, it strengthens your argument that the property owner should have addressed the hazard.
We handle premises liability cases with thorough investigation and careful attention to detail. Every piece of evidence matters, and we know how to build a compelling case that shows exactly why you deserve compensation for your injuries.
Common Places Where Slip and Falls Happen
At Roadrunner Law Firm, we’ve seen slip and fall accidents happen in countless locations across New Mexico. Let’s look at the most common places where these injuries occur and what makes each location particularly risky.
Retail Environments: More Than Just Shopping Hazards
Grocery stores and retail shops top our list of slip and fall locations. With constant foot traffic and frequent spills, these spaces pose unique risks. Picture the produce section of your local grocery store – water from the misting systems often creates slick spots. Or consider those rainy days when customers track water into store entrances. Without proper floor mats and warning signs, these everyday situations can lead to serious injuries. Grocery store staff has a duty to be on-guard for wet or dangerous conditions, and the store owners have a duty to provide enough workers and supplies to deal with dangerous conditions.
Dining and Entertainment Venues
Restaurants and bars present their own set of challenges. Kitchen spills that make their way into dining areas, drinks dropped by servers, or condensation from drink stations can create dangerous conditions. The dim lighting many establishments use for ambiance can make it harder to spot wet floors or steps. Decorative mats can snag the edges of walkers or shoes and send a customer tumbling to the ground.
What’s worse is that when these kinds of accidents happen once, they always happen again if the dangerous conditions aren’t fixed. It’s one thing if a customer trips in a freak, one-time accident. But when customer after customer stumbles over the same dimly lit steps, or aging floor mat, the company has a duty to fix the situation and put an end to the accidents.
Professional Settings
Office buildings might seem safer, but they come with hidden dangers. Freshly mopped lobby floors, weather-tracked water near elevators, and poorly maintained stairwells create perfect conditions for falls. It’s not uncommon for people to slip on ice that formed near an office building’s entrance because the property manager didn’t properly treat the walkway during a cold Albuquerque winter morning.
Residential Complexes
Apartment communities face year-round maintenance challenges. From icy walkways in winter to pool areas in summer, these spaces require constant attention. Poor lighting in parking lots, broken stairs, and uneven sidewalks often lead to serious injuries. Property managers who delay repairs put their residents at risk every day.
Even worse is when apartments become locations where crime runs rampant. It’s not a slip-and-fall, obviously, but it’s still the responsibility of apartment complex owners to keep security high for the safety of their tenants. Otherwise the people who should be safe living there could become victims of crime. For example, if the University of New Mexico’s “View Apartments” are unsafe, then people living there may have the right to sue if they get hurt by crime at UNM’s View Apartments.
Hotel Hospitality Hazards
Hotels see thousands of guests annually, each bringing potential hazards. Luggage left in hallways, recently cleaned floors, and crowded lobby areas create numerous opportunities for falls. The mix of tile floors in bathrooms and carpeted room areas can create unexpected changes in floor height – a serious tripping hazard for unsuspecting guests. Some hotels even fail to provide safety rails and slip-resistant flooring in bathrooms, making them hazardous for guests.
Public Spaces
Don’t overlook public sidewalks and walkways. While government entities maintain many of these spaces, adjacent property owners often share responsibility for their upkeep. Cracked sidewalks, unmarked changes in elevation, and poor drainage can create dangerous conditions for pedestrians. That means that yes, if you get hurt tripping on a sidewalk, you can sue.
Proving Your Slip and Fall Case
Building a strong slip and fall case takes more than just showing you fell on someone else’s property. At Roadrunner Law Firm, we know that solid evidence makes the difference between a successful claim and a denied one. Let’s look at some of what it takes to prove your case.
The Power of Quick Action
Time is your ally in a slip and fall case. The moments right after your fall are golden opportunities to gather evidence. Imagine this: a client slipped on a wet floor at an Albuquerque supermarket. Because she took photos immediately, she captured the lack of warning signs and the source of the spill. Without those photos, the store might have claimed they had proper warnings in place.
Creating Your Evidence Trail
Your phone is your best tool right after a fall. Take photos of everything: the hazard that caused your fall, the surrounding area, any warning signs (or lack thereof), and your injuries. The saying “a picture is worth a thousand words” rings especially true in slip and fall cases.
Your evidence checklist should include:
- Date and time documentation of the incident
- Names and contact details of anyone who saw what happened
- The exact location where you fell
- What you were wearing, including your shoes
- Weather conditions, if relevant
- Any conversations with property owners or employees
The Critical Role of Witnesses
Witnesses are more than just the people who saw what happened. Witnesses also include the people who were working that day, or who manage the business. If a business owner says “this has never happened before” odds are good there’s more than one employee who will testify “oh yes, this happens all the time.” Finding those employees, managers, and even customers who can speak to the standards of the business is a case-winning strategy that we love to employ.
Security Footage: The Silent Witness
Many properties have security cameras, but footage can disappear quickly. At Roadrunner Law Firm, we act fast to send preservation letters demanding that property owners save any video evidence. All too often, security footage showed maintenance staff repeatedly walking past a spill without cleaning it up – evidence that proves invaluable for your case.
Medical Documentation: Connecting Your Injuries to the Fall
Your medical records tell the story of your injuries. Visit a doctor as soon as possible after your fall, even if you think your injuries are minor. We’ve seen too many cases where people waited to get treatment, and insurance companies used that delay to claim the injuries came from something else.
Keep a detailed record of:
- Every medical visit
- Your pain levels and limitations
- How the injuries affect your daily life
- Work you’ve missed due to injuries
- Any expenses related to your care
Your Next Steps
If you’ve been injured in a slip and fall, don’t wait to take action. Call Roadrunner Law Firm at 505-444-4321 for a free consultation. We’ll help you gather and preserve the evidence you need to build a strong case. Our team knows what it takes to prove premises liability claims in New Mexico courts, and we’re ready to put that knowledge to work for you.
Remember: property owners and their insurance companies start building their defense immediately after an accident. You deserve to have someone working just as hard on your behalf.
