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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 Causes of Slip and Fall Accidents

A slip and fall accident occurs when a person loses their footing and falls to the ground due to various hazardous conditions. These accidents often happen in public places, workplaces, or private properties, and they can result in injuries ranging from minor bruises to severe fractures.

Common causes of slip and fall accidents include:

  • Wet or slippery surfaces: Spills, wet floors, or recently cleaned areas without proper warning signs can create slippery surfaces, leading to slips and falls.
  • Uneven surfaces: Irregularities in walking surfaces, such as uneven flooring, cracked sidewalks, or potholes, can cause people to trip and fall.
  • Poor lighting: Inadequate lighting in walkways, staircases, or parking lots can contribute to tripping hazards and increase the likelihood of slip and fall incidents.
  • Lack of handrails: Absence or improper installation of handrails on stairs or ramps can make it challenging for individuals to maintain balance, resulting in falls.
  • Loose or torn carpets and rugs: Carpets or rugs that are not securely fastened can create tripping hazards, especially if they are torn or frayed.
  • Cluttered walkways: Objects, debris, or obstructions in walkways or aisles can impede safe passage and lead to slips, trips, and falls.
  • Weather conditions: Rain, snow, or ice can create slippery outdoor surfaces, increasing the risk of slip and fall accidents.
  • Footwear: Inappropriate footwear or worn-out shoes with inadequate traction can contribute to slipping accidents.
  • Negligence in maintenance: Failure to maintain premises, fix hazards promptly, or provide proper warning signs can contribute to slip and fall incidents.
  • Negligence in cleaning: Improper use of cleaning products or failure to clean spills promptly can leave surfaces slippery and hazardous.
  • Inadequate warning signs: Failing to place warning signs in areas where the floor is wet or slippery can increase the risk of accidents.

Property owners and managers have a responsibility to ensure the safety of their premises and take measures to prevent slip and fall accidents. Regular maintenance, prompt hazard correction, and clear signage are essential in reducing the likelihood of these incidents.

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. 

  • "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.
  • "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.

Who Is Liable for a Slip and Fall Accident?

Liability for a slip and fall accident can vary depending on the circumstances of the incident and the laws applicable in the specific jurisdiction. Multiple parties might be held responsible for a slip and fall accident:

  • Property Owner or Occupier: The owner or occupier of the property where the slip and fall occurred may be held liable. This includes individuals, businesses, or government entities responsible for maintaining the premises. Liability is often based on a duty of care owed to visitors.
  • Businesses: In commercial establishments such as stores, restaurants, or malls, the business owner or manager may be held liable for slip and fall accidents that occur on their premises. They are expected to maintain a safe environment for customers and visitors.
  • Landlords: In cases where the slip and fall occurs in a rental property, the landlord may be held liable for hazardous conditions, especially if they were aware of the issue and failed to address it or provide warnings.
  • Maintenance and Cleaning Companies: If a slip and fall accident is caused by the negligence of a third-party maintenance or cleaning company hired by the property owner or occupier, that company may be held liable for the incident.
  • Government Entities: In some cases, if the slip and fall occurs on public property or property owned by a government entity, such as a park or sidewalk, the government may be held liable for inadequate maintenance or failure to address known hazards.
  • Contractors: If construction or repair work is being conducted on the premises, the contractor responsible for the work may be held liable if their activities contribute to the slip and fall accident.
  • Product Manufacturers: If a slip and fall is caused by a defective product, such as a slippery surface treatment or inappropriate flooring material, the manufacturer of the product might be held liable under product liability laws.

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.

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.
Our History

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.