Slip And Fall Attorneys In My Area

The sudden and unexpected tumble, often followed by immediate pain, can throw your life into disarray. While some slip and fall incidents are simply unfortunate accidents, many are the result of negligence, leaving property owners or businesses responsible for the injuries sustained.

Slip and fall accidents occur when a person loses their footing and falls due to a dangerous or hazardous condition on someone else’s property. These conditions can range from wet floors and uneven surfaces to poor lighting and inadequate maintenance. The key differentiator between a true accident and a slip and fall case is the element of negligence. For a case to be viable, it must be demonstrated that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to address it. This failure directly led to the victim’s fall and subsequent injuries.

A dangerous condition is any defect or hazard on a property that creates an unreasonable risk of harm to individuals present. This can include, but is not limited to, spills that are not cleaned up promptly, icy or slippery walkways without proper de-icing, poorly maintained staircases with loose railings or worn steps, cluttered aisles in stores, inadequate lighting in stairwells or parking lots, and even tripping hazards like exposed electrical cords or uneven flooring. The inherent nature of the condition, its visibility, and the likelihood of someone encountering it are all factors in determining if it constitutes a dangerous condition.

Negligence means that the property owner or occupier failed to exercise a reasonable duty of care.  In New Mexico, the law distinguishes the duties owed based on whether or not the person is a “visitor” or a “trespasser”.  Most people are considered “visitors” because a trespasser is defined as “a person who enters or remains upon the premises of another without the express or implied permission of the owner or occupant of the premises.” UJI 13-1301.  Nearly every business implies that a person has permission to be on the property.  New Mexico no longer distinguishes between a business visitor and an invitee like other states.

For visitors, “an owner/occupant owes a visitor the duty to use ordinary care to keep the premises safe for use by the visitor, whether or not a dangerous condition is obvious.” UJI 13-1309.  For trespassers, the duties are much more limited and related to knowledge of the trespasser and conditions.  Leased premises require landlords to tell tenants about hidden defects if the landlord knows of the defects. UJI 13-1313.  Landlords must undertake improvements or repairs using ordinary care—that is they must be reasonable with their repairs and improvements. UJI 13-1314  For common areas (stairways, hallways, courtyards, foyers, etc.), the landlord must use ordinary care to keep those areas safe for their intended use. UJI 13-1315

Establishing liability is key to a successful slip and fall claim. It’s about identifying who is legally responsible for the dangerous condition that caused the fall. This often involves a thorough investigation into the property owner’s knowledge of the hazard and their actions.

Liability can fall on various parties. The most common is the property owner, the individual or entity that holds title to the property. However, if the property is leased or managed by another party, the occupier, the party in control of the premises, may also be held liable. For example, a store owner might be liable for a spill within their shop even if they don’t own the building. In some cases, multiple parties could share liability, such as a landlord and a tenant if a dangerous condition affects common areas or is caused by a failure to maintain shared infrastructure.

The concept of duty of care is central to determining liability. Property owners have a legal obligation to maintain their premises in a reasonably safe condition for lawful visitors. This duty includes inspecting the property for hazards, warning visitors of known dangers, and taking prompt action to remedy or mitigate those dangers. For example, if a store knows that its produce section is prone to leaks, they have a higher duty of care to regularly check and clean up spills in that area.

Once a potential claim is identified, several factors come into play when evaluating its strength and potential for success. These factors help determine the likelihood of proving negligence and the potential value of the damages.

The specific condition that caused the fall is a key piece of evidence. Was it a temporary condition like a spilled drink, or a more permanent structural defect like a cracked sidewalk? The origin of the hazard is also important. Did the property owner create the hazard, or was it created by a third party?

A key element in proving negligence is demonstrating that the property owner had actual or constructive notice of the dangerous condition. Actual notice means they were directly informed of the hazard, perhaps by an employee or another customer. Constructive notice implies that the hazard existed for such a length of time that the property owner, through reasonable inspection and maintenance, should have discovered it. Evidence of previous complaints about similar issues or a pattern of recurring hazards can also contribute to demonstrating notice.

Beyond proving negligence, it’s important for a direct link to be established between the dangerous condition and the fall, and then between the fall and the resulting injuries. This is known as causation. If the fall was caused by something other than the documented hazard, or if the injuries are unrelated to the fall, then there is likely no causation. The extent of the injuries and the associated damages are also part of the overall picture. This includes medical expenses, both past and future, lost income due to inability to work, pain and suffering, and any long-term impact on the victim’s quality of life.

In the immediate aftermath of a slip and fall, acting quickly and decisively can significantly impact the potential for a successful claim. Your health and well-being should be the absolute first priority. Even if your injuries seem minor at first, seek professional medical attention immediately. Some injuries, like concussions or internal bleeding, may not manifest symptoms until hours or days later. A medical evaluation also creates an important record linking your injuries to the accident. Be sure to inform the medical professionals how the injury occurred.

If you are able, take photographs or videos of the scene of the accident, including the hazardous condition that caused your fall. Capture the environment, the lighting, and any surrounding circumstances. Obtain the names and contact information of any witnesses who saw the accident occur. Gather information about the property owner or business, including their name, address, and the name of the manager on duty. Keep detailed records of all medical treatments, bills, and correspondence related to the incident, as well as any lost wages due to your inability to work.

Formally reporting the incident to the property owner or the business where it occurred is another important step. While you may have reported it verbally at the scene, ensure a written report is filed. This report should clearly state the date, time, location, and the circumstances of your fall, as well as the injuries you sustained. Request a copy of this report for your records. If the accident occurred at a business, a formal incident report is often generated by the business itself, and obtaining a copy should be a priority.