Eating out at restaurants may be your version of a leisure activity after a demanding workday. But you may find yourself in a tougher spot when you slip and fall during your restaurant visit.
Under New Mexico law, the restaurant owner has an obligation to provide you with a duty of care as a visitor. In observing such duty, the property owner must be knowledgeable of their premises’ conditions. Aside from proper maintenance, they must also provide adequate warning signs to protect you and other visitors from harm’s way.
Circumstances of your restaurant accident
As a pure comparative negligence state, New Mexico courts reduce the compensation you recover depending on your responsibility in the accident. You could have played a part and proven that you are 25% to blame for why you are in a slip-and-fall accident, which makes the restaurant owner only 75% liable.
There are a host of reasons for you to slip and fall:
- Wet, slippery or greasy floors caused by customers’ spilled drinks or servers’ rushed service
- Flooding or moisture caused by rainy weather or defective kitchen and restroom piping systems
- Unsecured surfaces, like recently waxed floors, torn carpets and uneven tiles
- Insufficient or lack of lighting inside or outside in parking lots and sidewalks
Slip-and-fall accidents are deadly but preventable. Some studies show that using slip-resistant shoes and increasing floor friction are preventive interventions to reduce slip-and-fall risks among restaurant workers, but such can easily be the case for customers.
Even after seeking medical attention, your accident can be too traumatic that you can’t immediately consider its legal repercussions. But it’s important to note that New Mexico’s law only gives you a three-year window from your accident to file a lawsuit. Consulting with a personal injury counsel can help you with your premises liability claim and recover your rightful compensation.