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How comparative negligence affects your slip and fall claim

On Behalf of | Apr 20, 2023 | Slip-and-Fall Accidents

A high percentage of all slip-and-fall incidents happen in restaurants. The property or restaurant owner may be held responsible if a customer or staff member is seriously injured because of their negligence. However, New Mexico is a pure comparative negligence state, which may reduce the amount of compensation the victim receives.

Top causes of slip and fall in restaurants

Accidents can happen anytime, but in restaurants, they are often a result of poor upkeep and negligence. Keep an eye out for these things while dining out:

  • Oily or wet floors
  • Poor lighting
  • Uneven flooring
  • Torn carpets

Understanding comparative negligence

A slip-and-fall accident can cause someone to suffer serious injuries such as broken bones, sprained ankles, and wrists, or head trauma. Seek medical attention immediately and keep any documentation, as it may help you seek damages from the restaurant.

Determining who is at fault is crucial after slip-and-fall injuries. The victim may be eligible for compensation if they suffer severe injuries and can prove the restaurant was negligent in preventing such harm. They may receive compensation for lost wages, medical fees, and any other costs related to the accident.

However, it is important to keep in mind that New Mexico applies a legal concept called comparative negligence before filing any lawsuit. According to this concept, if a victim is partially to blame for their injury, the court may reduce the damages they receive by how much they are at fault.

Everyone is expected to act reasonably for their safety and to avoid harming others. Someone who ignores wet floor signs or texts while walking might be seen as acting carelessly and responsible for any harm they cause.

Being aware of your surroundings whenever you are in a store or restaurant is always a good idea. If you believe a property owner’s negligence caused your injuries, consulting a slip-and-fall attorney may be the best course of action. An attorney can help investigate what happened, gather evidence, and negotiate a reasonable settlement on your behalf.