If you have suffered damages because of a slip and fall accident, the owner of the property where you were injured could be liable. An Albuquerque slip and fall injury lawyer may be able to help you prove that the property owner’s negligence created a dangerous condition that caused your accident.
If you decide to seek compensation, Ben Crump Law, PLLC is here for you. Our team will review the facts of your accident and make a determination about who or what caused your injuries. Whether your accident was the fault of a private homeowner or major retailer, we will not back down until we have achieved the best possible outcome for your case. To find out more about how our team can work for you, call our offices at (800) 647-3113.
Owners Have a Duty to Reasonably Maintain Their Property
“Slip and fall” is a legal term for any personal injury claim resulting from a slip or trip on another person’s property. Slip and falls pertain to premise liability laws. Every slip and fall accident is different, and there is no simple formula for deciding whether or not a property owner is responsible for your damages. To win your case, you will need to prove that the owner was negligent in maintaining their property.
Property owners in New Mexico must take care to ensure their land and buildings are in a “reasonably safe condition,” according to Ford v. Board of County Commissioners of Dona Ana. When assessing a property’s condition, owners should consider the likelihood of injuries, the potential severity of the injuries, and the burden created by avoiding the risk of injuries. The duty of care applies to any and all people on the property with the owner’s expressed or implied consent. The duty of care does not extend to trespassers.
For a free legal consultation with a slip and fall injury lawyer serving Albuquerque, call (800) 647-3113
Factors that Constitute a Negligent Property Condition in a Slip and Fall Accident
An Albuquerque slip and fall injury lawyer may be able to prove the property owner is responsible for your accident if it was caused by:
- Inadequate lighting
- A lack of hand railings on stairs or steps
- Cluttered or obstructed hallways or walkways
- Uneven flooring
- Potholes or cracks on a sidewalk or in a parking lot
- Negligent ice and/or snow removal
- Failure to clean up hazardous spills
- Lack of safety warnings in potentially dangerous areas
Albuquerque Slip and Fall Injury Lawyer Near Me (800) 647-3113
Slip and Falls Injure More Than a Million People Every Year
Slip and fall accidents are common and costly. According to the National Floor Safety Institute (NFSI), more than one million people visit the emergency room every year for slip and fall accident injuries. The total annual cost of all types of fall injuries in the United States is more than $13 million.
Slip and fall accidents can be especially dangerous for older adults. Falls are the leading cause of death for seniors age 65 and older, according to the National Safety Council (NSC). The Centers for Disease and Control and Prevention (CDC) further states that falls are the most common cause of traumatic brain injuries and account for 95 percent of hip fractures.
You Could Receive Monetary Awards
If you or a loved one needed medical treatment for a slip and fall injury, the owner of the property where you were hurt may be responsible for your bills. You can attempt to get your medical treatment paid for through an insurance settlement.
This settlement may cover the costs of treatments you have already received, as well as any physical therapy or other care you may need down the line. Insurance claims may also include awards for damaged property, such as an expensive electronic device or piece of jewelry destroyed by your fall.
An attorney can help you calculate your damages and negotiate with the insurance company to try to obtain the maximum amount of compensation possible for your claim. Slip and fall injuries can be expensive, especially if you required emergency treatment, surgeries, or hospitalization. If your case cannot be resolved with the insurance company, a lawyer can help you seek awards in a personal injury lawsuit.
If your case goes to court, you may also seek damages related to your pain and suffering. If a family member died from injuries suffered in a slip and fall, your lawyer can help you take legal action on their behalf. Remember, civil actions are bound by the statute of limitations, which are as follows, according to New Mexico Statutes:
- § 37-1-8 allows three years from the time of your accident to sue for personal injury.
- § 37-1-4 allows four years to take action for property damage claims.
- § 41-2-2 allows three years from the time of your loved one’s death to file a wrongful death lawsuit.
You should also be aware that New Mexico operates on a system of pure comparative negligence, established by Scott v. Rizzo. Under a pure comparative negligence model, you can receive awards even if you are 99 percent at fault. However, your amount of responsibility will reduce your settlement. For example, say the court awards you $100,000, but finds your accident was 90 percent your fault. Ultimately, you would receive $10,000.
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Help Is Available
If you are suffering from injuries, medical bills, and other costs, help is available. An Albuquerque slip and fall injury lawyer can attempt to build your case, fight for a fair insurance settlement, and represent you in court if necessary.
At Ben Crump Law, PLLC, we believe in helping average citizens stand up to the people who harmed them. We will not let major insurance companies, property owners, or their lawyers push you around. We will argue on your behalf until we reach an agreement that provides you with compensation. If we cannot do this, we will not collect a fee for our services. You can get started on your case today with a simple phone call. Reach out to our team at (800) 647-3113 for a free consultation.