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How do you know if a slip-and-fall is someone else’s fault?

On Behalf of | Sep 13, 2023 | Premises Liability, Slip-and-Fall Accidents

Accidents are unexpected incidents that can happen anywhere at any time. Slip-and-fall accidents are one of the more common types of accidents. Slip-and-fall accidents occur when a party sustains injuries due to an unsafe condition on the floor. If the accident happened on another person’s property, the property owner could be accountable for the damages you sustained because of the premises liability principle.

Property owners should maintain their premises and keep it hazard-free for visitors who are within their legal rights to be on the property. If they fail to address hazards or warn visitors of the dangerous conditions on the property, they could be at fault. However, as the victim hoping to recover damages, you must prove the accident was the property owner’s fault.

Proving your slip-and-fall accident is the property owner’s fault

Suppose you want to hold the property owner legally responsible for your slip-and-fall accident. In that case, you can pursue a premises liability lawsuit, which is a personal injury lawsuit. A personal injury lawsuit has four elements:

  • A duty owed
  • A breach of duty owed
  • Causation
  • Damages

All property owners in New Mexico owe a duty of reasonable care to their guests and invited visitors. They are legally responsible for protecting their guests from anticipated and known hazards on their property. By not properly maintaining their property, they are neglecting it. They should compensate you if their negligence caused you to incur damages.

Did you suffer from a slip-and-fall accident?

If you suffered a severe injury because of a property owner’s negligence, you deserve to obtain the maximum damages recoverable. Because New Mexico is a pure comparative negligent state, any person who you can prove is at fault should compensate you for an amount proportionate to their degree of fault.

Establishing fault is pivotal in a slip-and-fall case. Therefore, you will need clear and convincing evidence and the skill to connect the dots to your injuries.