How to file a slip and fall claim?

If you have been injured in a slip and fall claim, you may wonder where to begin when it comes to the legal process involved. These types of accidents occur more often than you’d think, and knowing your rights and responsibilities under New Mexico law is important. At Parnall Law, we’re here to guide you through each step of the process to ensure you receive the compensation and justice you deserve.

Steps to File a Slip and Fall Claim

Filing a slip and fall claim begins with knowing what to do immediately after the incident. Here’s a breakdown of the key steps to be taken:

Seek Medical Attention

Your health comes first. Even if injuries appear minor, it is important to be checked by a doctor. Medical records will be used as evidence in your claim and help establish a link between the causes of the accident and your injuries.

Report the Accident

Notify the owner, manager, or supervisor of the property. Ask for the incident to be documented in an official report and get a copy. In New Mexico, details like the time of day and weather conditions can influence liability.

Gather Evidence

Take photos of hazardous conditions like wet floors or uneven surfaces. Get contact information from any witnesses. Courts in New Mexico value strong evidence, especially for comparative negligence cases.

Document Your Injuries

Track medical treatments, doctor visits, and related expenses. Note how injuries affect daily activities and work.

Consult an Attorney

Navigating legal claims can be complex. A knowledgeable slip and fall attorney familiar with New Mexico laws can protect your rights and improve your chances of success.

Property owners in New Mexico must maintain safe conditions. Knowing how liability works is key to building a solid case.

Who’s Liable for a Slip and Fall Accident?

In most cases of slip and fall, the owners of the property are liable when their negligence causes hazardous conditions. New Mexico premises liability laws demand that property owners keep their premises safe for visitors.

The critical question in determining liability is whether the property owner acted reasonably in keeping their premises safe. For example:

• Did the owner know about the hazardous condition?
• Did they take reasonable steps to fix it?

The Occupational Safety and Health Administration (OSHA) has revised its standards for walking-working surfaces in hopes of preventing or reducing slip, trip, and fall hazards. As part of its 2016 final rule, OSHA now requires employers to use personal fall protection systems to address these risks. The rule, which became effective in 2017, ensures that property owners meet specific safety requirements to maintain well-kept, hazard-free floors. These regulations emphasize the importance of proper maintenance and safety measures to prevent accidents.

If the property owner fails to meet these standards, they could be held responsible for injuries resulting from hazardous conditions. However, liability also depends on the visitor’s status on the property. New Mexico premises liability laws demand that property owners ensure safe environments for visitors.

Additionally, New Mexico follows a comparative negligence rule. If you are found partially responsible for the accident, your compensation could be reduced, making it essential to gather evidence that clearly demonstrates the property owner’s negligence.

Common Causes of Slip and Fall Accidents

Slip and fall accidents may occur for numerous reasons; however, certain causes are more common than others. Being able to recognize some of the more common hazards will help you understand if negligence played a role in your accident:

• Wet or Slippery Floors – Spills that are not cleaned up right away can become hazardous. In restaurants, grocery stores, and even public buildings in New Mexico, it’s the responsibility of staff to ensure floors are dry and safe for visitors.
• Uneven Surfaces – Cracks in sidewalks or broken steps are common culprits. In New Mexico’s rural and remote areas, uneven and rocky terrain can also be a significant factor contributing to falls.
• Poor Lighting— Poor lighting makes hazards invisible. The owners must ensure that the stairways, walkways, and parking lots are sufficiently lit.
• Obstructed Walkways— Items left in pathways cause tripping. This is particularly applicable to businesses that receive regular deliveries or maintenance work.
• Weather Conditions – Snow, ice, or rain can create slippery surfaces if not addressed properly. In New Mexico, dust storms and monsoon rains can also contribute to hazardous walking conditions. Property owners must act promptly to mitigate these risks.

In New Mexico, property owners must take reasonable steps to address these hazards, especially during weather changes. For example, failing to remove ice from walkways in a timely manner could make the property owner liable for injuries.

Common Injuries from Slip and Fall Accidents

Slip and fall accidents may result in anything from minor bruises to life-changing conditions.

Broken Bones

Fractures are common, particularly of the wrists, arms, and hips. Often, these injuries require surgery, along with months of rehabilitation.

Head Injuries

Concussions and traumatic brain injuries (TBIs) can result from hitting your head during a fall. TBIs can have long-term effects on memory, cognition, and personality.

Spinal Cord Injuries

Damage to the back or neck can have long-term effects on mobility and quality of life. Victims may face medical care, months of physical therapy, and lifestyle changes.

Soft Tissue Injuries

Sprains, strains, and torn ligaments can cause lasting pain and require extensive rehabilitation. These injuries are often harder to diagnose and prove, making medical documentation crucial.

In extreme cases, a slip and fall incident can even result in permanent disability. The financial devastation of doctor bills, lost wages, and continued care are overwhelming, and compensation is a necessity when making a legal claim. It can also result in future wage losses if the accident impairs your ability to work.

Contact a Slip and Fall Attorney in New Mexico

If you have been injured in a slip and fall, do not try to go through the legal process on your own. Contact Parnall Law today at (505) 268-6500 for a free consultation with one of our experienced attorneys and learn about your rights.