Albuquerque Slip And Fall Lawyer

Slip And Fall Attorney in Albuquerque, NM

Public and private property owners have a legal duty to keep their premises reasonably safe. When you slip and fall or trip and fall in a dangerous condition, you can hold property owners liable for your injuries. You have a right to seek compensation for your medical bills, lost wages, and pain and suffering. Unfortunately, this is often easier said than done without the help of an experienced Albuquerque slip and fall lawyer.

Slip-and-fall accidents are generally more serious than people understand. What can seem like a basic fall can carry consequences such as head trauma, broken bones, torn ligaments, back injuries, and lasting pain that impacts your ability to work and live as you previously did.

Located in Albuquerque, at 6739 Academy Road NE, Garrett Law is a personal injury law firm you can turn to for knowledgeable and attentive guidance. We live in the community we serve. Our desire to provide you with a positive outcome and experience is entirely genuine. Our job is to push back. We study the facts, identify who is at fault, and draft solid claims intended to recover complete compensation for our clients.

What To Do When You Have Been Injured

When you become our client, we will explain everything to you and deal with the property owner and their insurance company on your behalf. We will handle the details for you, but there are a few things you can do to protect your claim.

• Get medical attention for your injuries. Medical documentation is crucial in any personal injury case, and you may not even know the true extent of your injuries.
• Notify the owner about your injury and the dangerous condition. You should always create a record of an accident to protect your claim. Informing owners does not eliminate their liability for your injuries, but it gives them the opportunity to prevent further injuries.
• Talk with a lawyer immediately. Slip-and-fall claims are rarely paid in full or at all without the help of an attorney. Property owners may claim the accident never occurred, contest the severity of the injury or fail to report it to their insurers.

When to Hire a Slip-and-Fall Lawyer in Albuquerque

Far too many people wait too long to get legal help because they believe the owner of the property or insurance provider will simply do the right thing. Sadly, it’s not that simple, and that is rarely how these cases work.

The sooner you seek legal counsel, the better your chance of sustaining evidence and safeguarding your claim.

You should consider seeking legal representation in the following situations:

• You suffered injuries that required medical care.
• The fall happened in a store, apartment complex, restaurant, parking lot, hotel, or other place of business.
• A hazardous condition was not clearly marked or left unfixed.
• The insurance provider is blaming you for the incident.
• You missed work or are facing continuous treatment expenses.

If you need to hire a slip-and-fall lawyer, Garrett Law is ready to step in, analyze the facts, and advocate for the recovery you are owed.

Common Causes of Slip-and-Fall Accidents

Slip-and-fall cases can happen in numerous different places, but they usually share one thing in common: a property owner or manager was unable to properly address a dangerous condition in a reasonable, business-like timeframe. Common hazards can include:

• Spills and wet floors
• Uneven walkways or sidewalks
• Torn carpeting or loose flooring
• Inadequate lighting
• Missing handrails or broken staircases
• Ice, snow, or pooled water
• Dangerous parking lots
• Clutter or debris in walkways

In 2023, the CDC reported nearly 50,000 deaths caused by unintentional falls in the country. For U.S. residents aged 65 or older, falls are the leading cause of injury, with 1 in 4 reporting falling every year. Fatal or not, a successful slip-and-fall personal injury case tends to depend on showing that a hazard existed, the owner or manager was aware or should have been aware of it, and they didn’t take responsible steps to correct it or inform visitors.

New Mexico Slip-and-Fall Laws and Statutes

Familiarizing yourself with how New Mexico law applies to your claim can make a huge difference in the outcome of your case. Slip-and-fall claims are typically handled under premises liability principles, and multiple legal rules are especially important.

New Mexico’s Statute of Limitations

In New Mexico, an injured person usually has three years to file a claim for personal injury. Missing that deadline can lead to you losing your rights to seek compensation in any form.

With that said, there is an important exception when a government entity may be involved. If the fall took place on property operated or owned by a city, county, state agency, or another public body, you may be required to provide a tort notice of claim within 90 days of the incident. These cases move on a much shorter timeline, which is one reason it is so important to speak with an attorney as quickly as possible.

If you were injured on public property, in a government building, at a public school, or on other municipal or state-run premises, do not assume the conventional filing deadline is the only one that matters.

Pure Comparative Negligence in New Mexico

New Mexico abides by a pure comparative negligence rule, so you may still be able to collect compensation even if you had some fault in the incident. Your recovery is simply lowered by your percentage of responsibility.

For example, a prosecutor could argue you were looking at your phone, wearing improper shoes, or failed to notice a warning sign. Even then, you may still recover damages if the property owner’s negligence contributed to your fall. Regardless of the level of fault, data from 2023 shows that New Mexico had 213 fall-related, unintentional injury deaths per 100,000 residents.

This rule matters because property owners and insurance companies tend to try to place blame on the injured person. They may say you were distracted, reckless, or should have seen the hazard. Garrett Law knows how to dispute those arguments and present the complete picture of what took place.

The Four Elements of Proving Negligence

To recover compensation in a slip-and-fall claim, your legal representative must do more than simply show you fell. We must prove the property owner was negligent. These cases are centered around four central elements, which are:

• Duty of care. We have to show that the property occupier or owner had a legal duty to keep the premises reasonably safe under the circumstances. Landlords, business managers, and other property owners cannot ignore hazardous conditions when visitors have a right to be there.
• Breach of duty. We then have to show there was a breach of that duty, which means the owner did not act reasonably. This could mean they did not clean up a spill, fix some broken flooring, replace bad lighting, or place warning signs around a known hazard.
• Causation. The hazard simply existing is not enough. We also have to prove that the dangerous condition directly led to your fall and injuries. If a loose handrail, puddle, or defective stair made you slip, trip, or lose balance, that connection has to be established clearly.
• Damages. Lastly, we have to demonstrate that you suffered actual losses. This can include medical costs, wages lost, continual treatment expenses, pain and suffering, decreased earning capacity, and other financial or physical harm.

Premises Liability Statutes in New Mexico

The duty a property owner owes can depend in part on your reasoning for being on the property. In New Mexico, these categories usually include invitees, licensees, and trespassers.

Invitees are people who were invited onto the property for the owner’s benefit, such as customers in a store or diners in a restaurant. Generally, property owners must hold the highest duty of care to invitees and must use reasonable care to inspect the hazards, fix dangerous conditions, or provide warnings. 

Licensees are people who enter property with permission for their own purposes, such as social guests. Owners still owe duties to licensees, but the scope can differ depending on the circumstances.

Trespassers enter the property without permission. In most cases, the duty owed to trespassers is more limited, though there may still be exceptions depending on the factors and if the owner acted recklessly or willfully.

Filing a Claim Against a Public Entity for Damages

In New Mexico, accident victims can take legal action against public entities to recover damages for their injuries. Under the New Mexico Tort Claims Act, exceptions to the immunity rule for public entities and officials include injuries resulting from car accidents, dangerous or defective property and medical malpractice. This means that if you slip and fall on public property, you can file a claim against the city of Albuquerque or other responsible public entities.

At Garrett Law, our attorneys have proven experience advocating for compensation in cases against the city and other entities. Claims against the government in New Mexico have different rules and requirements. You need an attorney who understands the nuances and intricacies that go into filing a successful claim. We also have the experience to help you file successful claims against big-box stores.

FAQs About Albuquerque, NM Slip and Fall Laws

Questions about how slip-and-fall claims work in Albuquerque? We are happy to help. Read below for answers to some commonly asked questions about premises liability law.

What Types Of Injuries Can Slip-And-Fall Injuries Cause?

A serious fall can seriously hurt almost any part of your body, but the most common slip-and-fall injuries include traumatic brain injuries (TBIs), spinal cord injuries, joint and soft tissue injuries and broken bones. These injuries can lead to a wide range of symptoms, including paralysis, chronic pain, limited motion and cognitive impairment.

Can Slip-And-Fall Injuries Have Delayed Symptoms?

Yes, slip-and-fall injuries can have delayed symptoms. While some injuries are immediately obvious after a trip and fall, other victims feel fine at first, only to start experiencing symptoms hours or days later. Head and back injuries are two common examples. This is why it is vital that you go to the doctor as soon as possible after a slip-and-fall incident, even if you do not feel pain, soreness or any other symptoms at first. If you are injured, you will need a prompt diagnosis to start getting treatment and help prove a connection to your fall.

Can You Take Legal Action Against a Public Entity For A Slip-And-Fall Accident In New Mexico?

Yes, you can take legal action against a public entity for a slip-and-fall accident. Like homeowners and commercial property owners, government entities owe legal visitors a duty of due care to keep their premises reasonably safe and free from traps. Negligent maintenance of public parks, courthouses and other public property can lead to a serious fall just like it does anywhere else.

How Much Does It Cost to Hire a Slip-and-Fall Lawyer?

The cost to hire a slip-and-fall lawyer depends on the specifics of your case. Here at Garrett Law, we charge a contingency fee, meaning we only get paid if we successfully get you compensation for your accident. The amount we charge is just a percentage of your recovery. If we are not successful, you don’t have to pay.

Talk With Our Albuquerque Premises Liability Lawyer For a Free Consultation

If you have been injured on another’s property, we encourage you to call us – even if you are unsure whether you have a claim or are hesitant to seek compensation. We can help you understand your rights and the implications of any decision. Call our office at 505-242-1920 or send us an email to schedule your free initial consultation. We are always willing to meet with you at home or in the hospital.

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For information on public property regulations in Albuquerque, visit the City of Albuquerque’s official website.

Slip/Trip And Fall Claims