Albuquerque Slip and Fall Attorney

There are two basic reasons why someone takes a tumble. Either the person does something to make them fall, like skiing or skateboarding, or something happens to them, like a slippery floor or broken step. The former is an accident, and the second can be considered negligence. You should not be expected to pay for your losses when negligence leads to injury.

A slip and fall accident can sometimes lead to severe injuries, including broken bones, head injuries, or even a permanent disability. According to the National Safety Council (NSC), fall-related injuries are one of the leading causes of unintentional death, with 46,653 people having fatal falls in 2022.

Anyone can fall at any time, and if your injury was sustained on someone else’s property or due to negligence, you’re well within your right to pursue legal action. A qualified Albuquerque slip and fall lawyer would be happy to discuss your claim during a no-cost, no-obligation consultation. Reach out to our legal team at Barrera Law Group LLC, today.

What Causes Slip and Fall Injuries?

Falls can happen anywhere, from a water spill in a restaurant or uneven carpeting in a doctor’s office. The National Floor Safety Institute (NFSI) states that floors and flooring materials alone contribute directly to more than 2 million annual fall injuries. Many preventable hazards can result in slip and fall accidents, such as the following:

• Wet floors
• Uneven surfaces
• Loose carpet or rugs
• Environmental conditions (rain, snow, etc.)
• Cracked or broken walkways
• Exposed wiring or cords
• Unsafe staircases (such as broken steps or loose handrails)
• Inadequate lighting
• Lack of warning signage
• Trash or debris blocking a walkway

A property owner owes a duty of care to the visitors who come onto their property. That duty of care means taking responsibility for repairs and providing reasonable warnings about potential hazards that could cause slip and fall accidents.

If there is enough evidence to prove a property owner failed in their duty of care, such as leaving a water or oil spill on a floor without posting a warning sign, you may have grounds for an injury lawsuit. Our attorneys at Barrera Law Group LLC can investigate your accident and help you seek compensation for your injuries. Our Albuquerque slip and fall lawyer will be happy to address all your questions.

Types of Injuries from Slip and Fall Accidents

You may think that a fall isn’t such a big deal, but in fact, any fall, even a small one, can result in serious injury or disability. Falls can cause the following injuries:

• Broken or fractured bones
• Lacerations
• Dislocations
• Bruises
• Sprains or strains
• Knee, wrist, or other joint damage
• Nerve damage
• Spinal cord damage
• Traumatic brain injury (TBI)
• Organ damage

The Centers for Disease Control and Prevention (CDC) states that one out of four elderly people fall each year in the United States, and 3 million are treated in emergency departments for falls. In New Mexico, 33% of older adults suffered an injury causing falls. The most common injury in elderly fall victims is broken or fractured hips, and many people who fall once will likely fall again, usually due to inactivity due to the fear of falling.

Who Can Be Held Liable?

Although not all slip and fall accidents lead to a premises liability claim, someone can be held liable for the incident in most cases. Property owners have a duty of care to anyone who enters their property,

New Mexico law recognizes that people have a personal responsibility for their own safety. This is known as the “open and obvious” doctrine, which means that if a hazard is obvious, a reasonable person will see it. If someone is injured because of an obvious hazard, a premises liability or negligence claim will be more difficult to prove.

Comparative negligence is another doctrine applicable in New Mexico. This means that if it can be proven that the injured person contributed to their slip and fall accident, this may be held against them during the claims process. Any compensation for a claim where comparative negligence can be proven will likely be reduced.

Naming At-Fault Parties

Your Albuquerque slip and fall attorney will help you identify who can be named as an at-fault party in your accident claim. Those defendants could be one or more of the following:

• Commercial property owner
• Homeowner
• Property management company
• Maintenance crew
• Tenant
• Employees

Keep in mind that the owner of the property does not have to actually be on the property to be held liable for injuries.

Slip and Fall Accidents in the Workplace

If you fall while on the job, there may be a case for workers’ compensation. Slips and falls may not be the primary cause of fatal occupational injuries, but they are the main reason for lost days of work as well as the main reason for workers’ compensation claims. If you slipped and fell while at work, reach out to our office at Barrera Law Group LLC so that we can help you hold the responsible party liable for your injuries.

What If You Fall on Public or Government Property?

Just like any other slip and fall accident, the property owner can be held liable for your injuries. However, if a hazard caused your fall in a public area or on government property, your potential lawsuit might be more challenging. When bringing legal action to any government entity, such as the City of Albuquerque or the State of New Mexico, you have one year less than the usual deadline to file your claim. Also, a local government may only have a 90-day deadline for a claim and may have a damage cap or certain qualifications for your case to be considered. Your lawyer will be able to help you with the different applicable laws and rules in a claim involving public or government property.

Recovering Compensation for Your Injuries

While no two cases are identical, most slip and fall accidents result in some of the same types of compensation, both economic and non-economic. It’s impossible to give you an exact dollar amount for your settlement, but in these cases, you will likely receive compensation for the following:

• All medical expenses relating to your injury
• Loss of income
• Mental anguish
• Legal fees
• Pain and suffering
• Scarring or disfigurement
• Temporary or permanent disability
• Loss of quality of life
• Loss of enjoyment of life
• Future earning potential

In some cases, punitive damages (proving that the property owner or liable party intended to inflict harm) can also be part of a settlement, but it is not commonplace.

The statute of limitations on filing a personal injury case in New Mexico is three years, except in certain circumstances, which your lawyer will explain when reviewing your case details.

How an Albuquerque Slip and Fall Lawyer Can Assist with Your Case

Any accident that leads to injury should be taken seriously, and here at Barrera Law Group LLC, we do just that. Every client and each claim that comes into our office is given the same amount of consideration and effort, and we strive to make our clients feel heard and comfortable so that they can focus on recovery while we build their case.

If you have suffered an injury from a slip and fall accident and believe someone else is responsible, reach out to our office by phone or our convenient online form. We have a quarter of a century of experience with cases just like yours, and your initial consultation is always free, with no obligation. Don’t waste any more time – contact our Albuquerque slip and fall lawyer today.