New Mexico Laws and Slip and Fall Accidents

Slip and fall accidents happen everywhere: in grocery stores, parking lots, restaurants, and your neighbor's home. Understanding who is legally responsible can be complex after someone has been injured in a slip and fall accident. In New Mexico, specific laws and legal principles govern slip and fall liability, which are crucial for property owners and victims to understand.

Premises Liability in New Mexico

Premises liability assigns the responsibility for any injuries that occur on the property as a result of unsafe conditions to the property owner or occupier. The critical factor in these cases is determining if there was negligence on the part of the property owner or occupier. Negligence means the property owner did not take the reasonable steps needed to ensure the property was safe for visitors. This can include not fixing known hazards, failing to warn visitors about dangers, or not properly maintaining the property.

Duty of Care in New Mexico

In New Mexico, the duty of care owed by a property owner to a person on their property depends on the visitor's legal status. Visitors are generally classified into invitees, licensees, and trespassers. The duty of care differs for each category of visitor.

Invitees

An invitee is one who enters the property to benefit the owner or occupier, such as a customer in a store. The property owner owes the highest duty of care to invitees. The property must be regularly inspected for property for hazards, dangerous conditions fixed, and invitees warned of known dangers.

Licensees

A licensee is on the property for their purposes but with the owner's permission. The duty of care awarded to licensees is slightly lower than that to invitees.

 Property owners must warn licensees of any known hazards but are not necessarily required to inspect the property for potential dangers.

Trespassers

A trespasser enters or remains on the property without the owner's permission. In most cases, property owners do not have a duty of care in cases of trespassers. However, if the property owner knows that there are regular trespassers on the property, they may be required to warn them of known dangers, mainly if they are hidden.

Proving Negligence in Slip and Fall Cases

For a victim to succeed in a slip and fall claim in New Mexico, they must prove several legal principles that demonstrate the property owner was negligent.

Duty of Care

The injured party must show that they were owed a duty of care by the property owner based on their invitee, licensee, or trespasser status.

Breach of Duty

The victim must show that the duty of care was not met when the property owner failed to maintain the property to be reasonably safe or by not warning the victim of a dangerous condition.

Causation

The injured party must show that the breach of duty directly caused their injuries. This means proving that the dangerous condition on the property resulted in the slip and fall accident.

Damages

The injured person must demonstrate that they suffered actual damages, such as lost wages, medical bills, pain and suffering, or other losses due to the slip-and-fall accident.

Comparative Negligence in New Mexico

New Mexico follows a comparative negligence system. Under comparative negligence, the victim's compensation is decreased by the percentage of fault assigned to them in causing the accident. For example, if a jury determines that the plaintiff was 20% at fault for not paying attention to where they were walking and the property owner was 80% at fault for not fixing a hazardous condition, the plaintiff's compensation would be reduced by 20%. If the total damages were $100,000, the plaintiff would receive $80,000.

Statute of Limitations

Slip and fall victims have a limited time to file a lawsuit. The statute of limitations in New Mexico is three years from the date of the slip and fall accident. The injured party loses their right to seek compensation if a lawsuit is not filed within this time frame. Exceptions are rare and involve minors or incapacitated individuals. It's crucial to act quickly to preserve the right to file a claim.

What to Do If You Are Injured in a Slip and Fall Accident

There are several steps you may take to protect your rights if you have been injured in a slip and fall accident in New Mexico. Seek Medical Attention-Obtain medical attention immediately, even if your injuries seem minor. Documenting your injuries is crucial for your case. Report the Accident-Report the accident to the property owner or occupier as quickly as possible. Request a written report of the incident and keep a copy for your records. Gather Evidence-Take photos of the accident scene, including any hazards that caused your fall. If there were any witnesses, get their contact information. Keep Records-Detailed records from medical treatment, expenses, and any other losses related to the accident should be kept as evidence. Consult an Attorney-Slip and fall cases can be complicated. Consulting with a personal injury attorney can help you navigate the legal process and protect your rights.

Slip and Fall Injury? You Deserve Justice and Compensation!

A slip and fall can upset your life in an instant. The lost wages, the medical bills, the consequent pain and suffering—it all becomes too overwhelming at times.

Gauthier & Maier Law Firm, P.C. helps victims of slip and fall accidents get the compensation they deserve. Having our expert legal team by your side, you will be able to concentrate on your healing while we take care of the rest. Contact us at 505-226-3205 for a consultation. Let us fight for you!