Albuquerque Slip and Fall Attorneys
Fighting For Those Who Have Been Injured Due to Unsafe Property Conditions in New Mexico
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 with our slip and fall attorney in Albuquerque. 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 Slips 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.
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.
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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.
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?
Our slip and fall accident lawyers in Albuquerque 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 Slip and Fall Accident Attorney Can Help You
Here’s how we can assist:
- Comprehensive Investigation: Our Albuquerque slip and fall attorneys complete a thorough investigation to gather evidence supporting your claim. This includes collecting photographs of the accident site, getting surveillance footage, reviewing maintenance records, and interviewing witnesses. We ensure that no detail is overlooked in building a strong case.
- Establishing Liability: To recover compensation in a slip and fall case, it must be proven that the property owner or responsible party was negligent. We analyze the circumstances of your accident to establish liability, demonstrating how the hazard was created or left unaddressed despite the owner’s duty to maintain safe premises.
- Calculating Damages: Slip and fall accidents could result in extensive medical expenses, lost income, and emotional suffering. We work with medical professionals and financial experts to calculate the full extent of your damages, ensuring that your claim accounts for both current and future needs.
- Negotiating with Insurance Companies: Insurance companies often attempt to minimize payouts or deny claims altogether. We are skilled negotiators who know how to handle insurance adjusters. We advocate for your best interests and fight for a fair settlement that reflects the true value of your case.
- Representing You in Court: If a fair settlement cannot be reached, we are fully prepared to take your case to court. We can present compelling arguments and evidence to secure the compensation you rightfully deserve. We have the resources and experience to litigate even the most complex slip and fall claims.
Slip and Fall Claim FAQs
What should I do immediately after a slip and fall accident in Albuquerque?
After a slip and fall, prioritize your health—seek medical attention even if injuries seem minor. Report the incident to the property owner or manager and ask for a copy of the report. If possible, take photos of the scene, your injuries, and any hazards (like wet floors or uneven pavement). Also, collect contact information from any witnesses.
How do I know if I have a valid slip and fall claim?
You may have a valid claim if your fall was caused by a dangerous condition that the property owner knew or should have known about but failed to correct. Examples include unmarked wet floors, broken stairs, or poor lighting. A personal injury attorney can evaluate the specific facts of your case.
How long do I have to file a slip and fall claim in New Mexico?
In New Mexico, the statute of limitations for most personal injury claims, including slip and falls, is three years from the date of the accident. However, if the fall occurred on government property, different and shorter deadlines apply. Speak with a lawyer as soon as possible to preserve your rights.
Will I have to go to court for a slip and fall case in Albuquerque?
Not necessarily. Many slip and fall cases settle out of court through negotiation or mediation. However, if a fair settlement can’t be reached, going to court may be necessary to recover full compensation.
What if I were partially at fault for the fall?
New Mexico follows a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault—your compensation will just be reduced by your percentage of fault. For example, if you were found 20% at fault, your award would be reduced by 20%.
How much does it cost to hire a slip and fall lawyer in Albuquerque?
Most personal injury lawyers work on a contingency fee basis, meaning you don’t pay anything upfront. The lawyer only gets paid if you win or settle your case, typically taking a percentage of your award as their fee.
Can I file a claim if I fell on public or government property?
Yes, but the process is more complex. Claims against government entities in New Mexico require a formal notice of claim to be filed—usually within 90 days of the injury. Strict procedural rules apply, so it’s critical to consult with an attorney quickly.
How long does a slip and fall claim take to resolve?
It depends on the complexity of the case, the severity of your injuries, and whether the case settles or goes to trial. Some cases resolve in a few months; others may take a year or more.
Contact Our Slip And Fall Lawyers in Albuquerque Today
Martinez, Hart, Sanchez & Romero is 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 with our Albuquerque slip and fall lawyer.
"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.