Uneven Pavement Injuries and Accidents
If you were hurt on uneven pavement that was inadequately maintained, you may be able to hold the property owner responsible for your injuries. The slip and fall lawyers at Parnall Law Firm have assisted many accident victims near Albuquerque in seeking the damages that they need to recover. We can assess whether you have a claim and advise you on what course of action to follow if you do. Contact us today for a free consultation!
Uneven Pavement Accidents
Some people attribute their injuries to inattentiveness on their part. In many of these cases, however, the accident occurred because the pavement was uneven, which can cause an unsuspecting pedestrian, scooter rider, or visitor to trip and fall. Reasons why this situation arises may include:
- Poor maintenance
- Improperly laid slabs
- Soil and weather erosion
- Wear from vehicles or trees
- Lack of warnings, particularly in construction zones
Uneven pavement accidents can cause concussions or other severe brain damage or fractures.
Hold a Negligent Property Owner Accountable for Your Injuries
Uneven pavements are usually the result of a lack of care on the part of the property owner. You can seek damages from the party that controlled the premises if you can establish that its negligence caused your injuries.
In New Mexico, people and entities have a duty to keep their property in reasonably safe conditions for use by others. The standard of care that applies to any given situation depends largely on the victim’s status under premises liability law. A property owner will owe a higher duty of care to someone invited onto the property, such as a social guest or a business customer. By contrast, trespassers are not due any precautions, unless they are children attracted to certain features in the area.
A property owner’s duty of care can include the obligation to inspect the premises for possible dangers, promptly fix any issues that appear, and take other appropriate measures to avoid foreseeable injuries to others. An individual or business may fail to exercise the adequate degree of care if it is aware or should have been aware of uneven pavement but does not repair or warn of the hazard.
To succeed in your claim, you would have to link the property owner’s failure to use reasonable care to your injuries. If you establish this connection, you may be able to recover damages for objective and subjective types of harm, ranging from medical expenses and lost wages to pain and suffering.
If you have a relative who died in a slip and fall incident, you can seek compensation through a wrongful death lawsuit. You can recover for his or her medical expenses, funeral costs, and other damages based on your relationship to the victim. In New Mexico, you must file an injury or wrongful death action within three years from when the accident took place (or two years if a state entity is responsible, with a tort claim notice sent within 90 days of the incident).
Possible Defendants in Uneven Pavement Lawsuit
Public and private property owners may dispute who is responsible for maintaining the pavement. A business, for example, may argue that the property manager or municipality is responsible for the uneven sidewalk in front of it. You may have to seek damages from more than one party, in which case you should pursue all possible defendants to seek full recovery for your injuries.
Discuss Your Sidewalk Accident With an Albuquerque Attorney
The premises liability attorneys at Parnall Law Firm offer tenacious representation to injured individuals in Albuquerque and beyond. Bert Parnall and our team of litigators are committed to advocating for the rights of accident victims. We can help you try to hold a property owner accountable if you were hurt by tripping on uneven pavement. We can discuss how and when the accident occurred, determine who may be responsible for your injuries, and aggressively pursue the appropriate damages. For a free initial consultation, call our office today at 505-985-5355, or you can contact us online.