Albuquerque Slip and Fall Attorneys
Slips, Trips, and Falls Due to Unsafe Property Conditions
Slip, trip, and fall accidents are among the leading causes of injury in the United States. Sadly, these incidents are often preventable and occur only because a property owner or operator was negligent.
If you were injured after slipping and falling on someone else’s property, and you believe that the property owner’s negligence contributed to the accident, reach out to Martinez, Hart, Sanchez & Romero right away. Our Albuquerque slip and fall lawyers can review your case at no cost and determine whether you are entitled to compensation for your damages. With more than a century of combined experience, we have the legal knowledge, resources, and skills to effectively handle your case.
Call us at (505) 806-1780 or submit a secure contact form today to request a free, no-obligation consultation. Hablamos español.
Common Places Where Slip and Falls Occur
Slip and fall accidents can occur anywhere where dangerous conditions are present.
Some of the most common settings for these incidents include:
- Private homes
- Apartment buildings
- Retail stores
- Workplaces
- Shopping malls
- Grocery stores
- Restaurants
- Medical offices
- Hospitals
- Nursing homes
- Gyms
- Gas stations
- Parking lots
- Public swimming pools
- Parks
- Restrooms
Whether a slip and fall happens on private or public property, the property owner or operator could be legally responsible for the victim’s resulting injuries and damages. If you suffered a serious injury after slipping, tripping, or falling on someone else’s property, you could have grounds for a premises liability claim; reach out to our team at Martinez, Hart, Sanchez & Romero today to learn more.
When Is a Property Owner Liable for a Slip and Fall?
Like other types of personal injury claims, there are certain elements you must prove to have a valid slip and fall case. When you prove these elements, you can establish the property owner’s liability and seek fair compensation for your damages.
The elements of a successful slip and fall case include:
- Duty of Care: In New Mexico, property owners owe varying duties of care to different types of visitors on their premises. Invitees, or people who visit the property for the financial or social benefit of the property owner, are owed the highest duty of care, while licensees, or people who lawfully visit the property for their own purposes but not for the financial gain of the property owner, are owed a slightly lesser duty of care. The only duty of care property owners owe to trespassers in New Mexico is to refrain from causing intentional injury.
- Breach of the Duty of Care: To have a valid case, you must prove that the property owner breached the duty of care they owed to you. In nearly all instances, this involves proving that the property owner was somehow negligent or acted wrongfully. For example, if the property owner knew or reasonably should have known that a spill had occurred on the property, and could reasonably understand that the spill caused a condition that might cause foreseeable harm, yet failed to take adequate measures to clean up or warn visitors of the spill, the property owner would likely have breached the duty of care to remove, repair, or warn of dangerous conditions.
- Injury and Damages: You must also prove that you were, in fact, injured and that your injuries led to measurable damages. Even if you slipped and fell as a result of a dangerous condition on the property, you do not have a case if you were not injured. You must also establish that your injuries led to damages, such as medical expenses, lost wages, lost earning ability, physical pain, mental suffering, emotional distress, etc. Without the presence of damages, you have nothing to seek in your personal injury claim.
- Causation: Lastly, you must prove that the property owner (or defendant’s) negligent or wrongful conduct was the proximate cause of your injuries and related damages. In other words, you must show the connection between the property owner’s breach of the duty of care and the incident that caused your injuries. For example, you can prove that, because the property owner failed to adequately clean up or put out warning signs about a spill, you slipped and fell, leading to a concussion, broken arm, or another injury.
If you can prove the various elements of your case, you can hold the property owner (or another liable party) legally responsible for your slip and fall-related damages.
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"I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."Christopher C.
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"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Common Slip and Fall Injuries
In the United States, falls are a leading cause of catastrophic injuries, such as head and brain injuries, as well as death.
Other common injuries associated with slip, trip, and fall accidents include:
- Cuts, scrapes, and abrasions
- Serious lacerations and bruises
- Broken bones/fractures
- Neck and back injuries
- Internal organ damage
- Nerve damage
- Shoulder, wrist, and elbow injuries
- Knee and ankle injuries
- Sprains and strains
- Blunt force trauma
These injuries can lead to significant and ongoing pain, as well as numerous secondary complications. Severe slip and falls can even have permanent effects on the lives of victims and their loved ones.
What Types of Damages Can Be Recovered in a Slip and Fall Case?
At Martinez, Hart, Sanchez & Romero, we are often asked by potential clients what the value of their claims may be. While we understand the urgency of this question, it is, unfortunately, impossible to provide a precise answer without first going over the specific details of a given case. Many variables affect the potential value of a slip and fall claim, including the severity of the victim’s injuries, the cost of their medical care, and whether they contributed to the event that caused their injuries in any way, among other factors.
However, there are certain types of damages that are commonly recovered in successful slip and fall cases. These damages include:
- Medical expenses, including projected future care costs
- Physical and mental pain and suffering, including emotional distress
- Lost income, wages, and/or employment benefits
- Loss of earning ability and future income due to permanent injury/impairment
- Miscellaneous out-of-pocket expenses, such as transportation costs or costs associated with in-home assistance and medical care
At Martinez, Hart, Sanchez & Romero, our goal is to help our clients recover the maximum allowable compensation they are owed. We work diligently to build persuasive, evidence-based cases that account for all of our clients’ current and future losses. While we strive to recover fast, favorable settlements, we are also prepared to go to trial whenever necessary.
How Our Attorneys Can Help with Your Slip and Fall Claim
We are known for taking on highly complex cases—and winning the results our clients need to move forward with their lives. As your legal team, we will make ourselves consistently available to answer your questions, address your concerns, and guide you through the process from start to finish. Our Albuquerque slip and fall lawyers genuinely care about the people we serve, and we are dedicated to bettering our community by pushing for improved safety standards and policy changes.
We never lose sight of the fact that our clients are real people. We know that this is likely one of the more difficult times in your life, and we want to help you navigate your recovery so that you can focus on healing. We are ready to handle every legal detail, from gathering important evidence to communicating with the insurance company on your behalf. Should your case proceed to litigation, we will make sure that you feel fully prepared and know what to expect every step of the way.
There are no legal fees unless we win your case! Call us today at (505) 806-1780 or contact us online to request a free, no-obligation consultation.
"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.