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Various Elements Of A Slip-And-Fall Claim

On Behalf of | May 12, 2020 | Slip-and-Fall Accidents

While no one goes to the store expecting to slip on an unmarked and slippery surface or trip over an uneven surface, incidents of this nature can occur at any moment. When negligence is involved, those who suffer serious harm under similar scenarios may wish to know the next steps to take to seek restitution but proving responsibility can be complex. Knowing the basic elements of a slip-and-fall claim could be vital to helping a person in New Mexico prepare for what comes next.

One element of proving responsibility in a slip-and-fall accident involves being able to show a company or property owner had a duty of care to provide consumers with a safe environment. While it may seem inherent that a property owner is responsible for upkeep on the area, there could be certain scenarios in which these rules may not apply. For instance, this duty of care might not extend to a person who falls while walking through a restricted area or during a time that lies outside of store hours of operation.

The next step may involve proving the presence of negligence, such as showing evidence that there was no wet floor sign to warn customers of a potential safety hazard. One may also bear the burden of proving that the other party is responsible for the incident. As proving negligence and responsibility in similar scenarios can be somewhat challenging, seeking guidance on how best to approach the situation could be imperative.

Individuals who suffer serious injuries in a slip-and-fall accident and wish to know the next steps to take to seek restitution could benefit from seeking guidance early in the process. By consulting with an attorney, a person in New Mexico could obtain much needed advice on the best course of action with which to proceed. An attorney can examine the circumstances surrounding the incident and assist a client in seeking the full amount of restitution to which he or she is entitled to receive.