Albuquerque Slip and Fall Attorney

When you visit a store, bar, restaurant, or any other type of business, you have an expectation to receive goods or services without incident. Sometimes, the prices might be higher than you wanted to pay, or the pasta dish might not be what you were hoping for. Those minor disappointments are expected. What you never anticipated is to walk into a business and minutes later end up in the back of an ambulance because you’ve taken a fall on a slippery floor.

Everyone has slipped and taken a tumble, but when that kind of accident happens because of someone else’s negligence, you are entitled to seek a remedy. That is when an Albuquerque slip and fall lawyer like the team at the Barrera Law Group LLC can be of service. We have helped many clients deal with injuries that took place on someone else’s property. These would be classified as premises liability claims, and they can be challenging, especially if there are no witnesses.

If a slip and fall accident is something you’re currently dealing with, you’ll want to get informed about what it means, who can be liable, what kind of compensation you’re entitled to recover, and why you need guidance from a slip and fall attorney. The following post provides a lot of helpful information.

Why You Need an Albuquerque Slip and Fall Lawyer

When filing a claim for a slip and fall accident, you are taking on the owner of the property and their insurance company. There could be a lot of “layers” to get through. The owner might be leasing the building to a commercial retail tenant. That tenant might have a manager who is supposed to supervise a crew to maintain the premises. An experienced attorney specializing in slip and fall accidents will know how to sort through those layers of parties and identify who needs to be held accountable.

We also have investigators who can help gather relevant evidence, such as surveillance videos, witness statements, and a history of premise inspections, which can all be presented in support of your case.

Additionally, we have decades of experience negotiating with insurance companies to get the maximum benefits for our clients. Retaining the services of the right slip-and-fall accident lawyer can give you peace of mind while you’re recovering from the injuries. When the Barrera Law Group LLC takes on the case, we’ll become fierce advocates who aren’t afraid to take on an insurance company and its team of litigators and adjustors.

How Slip and Fall Accidents Happen

Data collected by the National Floor Safety Institute found that slips and falls accounted for over one million emergency room visits across the country. No one walks on a floor and just falls. There has to be a reason. Here are some of the types of hazards that can trigger a slip-and-fall accident:

• Wet floors
• Uneven surfaces
• Loose carpet or rugs
• 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

The cause of your slip and fall accident needs to be thoroughly investigated by your Albuquerque attorney. There should be no doubt about why the accident occurred and who should be held responsible.

Common Slip and Fall Injuries

A slip-and-fall accident happens in a moment. Depending on the direction of the fall, you might instinctively reach out to brace your fall. That alone can cause an injury. Here are some of the common injuries you can experience in this type of accident:

• Head and brain injuries
• Concussions
• Bruises and contusions
• Soft-tissue and muscle injuries
• Neck and back injuries
• Slipped or herniated disks
• Spinal cord injuries
• Wrist, arm, and ankle injuries
• Dislocations
• Bone fractures
• Hip fracture
• Lacerations

Those injuries can be classified anywhere from mild to severe. They will require medical attention, which could result in time off from work. All of that adds to the financial burden you could face. Filing a claim against the negligent parties would be the only option to get back those losses.

Who Can Be Held Accountable for a Slip and Fall?

Every property has an owner. Whether the property is for the purpose of business transactions or is a private residence, the owner of that property owes every visitor some level of what the law refers to as a duty of care. How far that duty of care extends will depend on the classification of the visitor. The following are the types of visitor categories to consider:

Invitees

The best way to describe an invitee is a customer or client. This person is visiting the premises for a lawful purpose, such as conducting a business transaction. The invitation from the property owner can be direct or implied. For instance, a direct invitation might be to attend a business meeting or a museum opening. An implied invitation would apply to shopping at a grocery or retail store or dining out at a bar or restaurant. You won’t get an invitation; you’ll show up.

The property owner owes the highest duty of care to invitees. That means that they have to inspect and provide a remedy for any potential slip and fall hazard. They also need to warn the invitees of those hazards until they are repaired.

Licensees

A licensee is allowed on the property but does so for their own benefit, not the property owner. This category would apply to someone visiting a friend’s or neighbor’s home. It would also extend to a utility company worker who needs to work on the property. The property owner owes the same duty of care to warn a visitor, but they don’t have to go out of their way to inspect the property for hazards before the visit.

Trespassers

A trespasser is a “visitor” who does not have permission to be on the property. In that scenario, the property owner does not owe a duty of care to prevent injury. However, they can’t intentionally harm the trespasser.

Defenses an Albuquerque Slip and Fall Lawyer Might Face

Like any other type of personal injury claim, a slip and fall accident can be challenging to prove. Unfortunately, these types of claims have generated a lot of frivolous cases that end up being fraudulent. The insurance company attorneys will do everything possible to refute liability for their policyholder.

Fortunately, the slip-and-fall attorneys at Barrera Law Group LLC are familiar with these tactics. Here’s what we can argue against:

There Was No Notice of the Hazard

The property owner might contend that the hazard that caused your slip and fall accident was so new that they didn’t have time to fix it. It might be reasonable to assert that if a bottle falls off a grocery shelf, you slip on it before anyone can be notified. However, if there is a recurring risk like waxing the floors every week or a rainstorm, the owner couldn’t claim they weren’t aware of the hazard.

It Was an Obvious Hazard

The property owner might try to argue that the hazard was obvious. For instance, if there were a warning sign on the floor, then it would be reasonable to assume that anyone would avoid the area.

An Issue of Comparative Negligence

New Mexico is a comparative negligence state. That means the responsibility can be shared between the property owner and the victim. This does not preclude you from getting compensation. However, if you are found partially responsible for the slip and fall accident, you can only be awarded a portion of the final award. For example, if you’re found to be 40% responsible, you only get 60% of the final amount.

There Was a Pre-Existing Condition

When you file an injury claim, the insurance company will be entitled to investigate your medical history. They will be looking for a pre-existing condition contributing to your injury. According to the law, a defendant in a slip and fall lawsuit has to consider the victim’s condition at the time of the accident.

Missing Deadline

The statute of limitations for filing a personal injury claim in New Mexico is three years. If you file after the deadline, you might not be able to achieve any compensation. That is one defense that an experienced Albuquerque slip and fall lawyer will prevent.

Compensation Available After a Slip and Fall

If you’ve been injured due to the negligence of a property owner or their tenant, you should not have to pay for any of your bills. Those would be the economic damages awarded to make you financially whole. These damages can include the following:

• Surgery
• Hospitalization
• Medications
• Rehabilitation
• Medical devices
• Future medical bills
• Lost wages
• Reduced earning capacity
• Nursing care
• Property damage
• Out-of-pocket expenses

In addition to your economic damages, you’re also entitled to recover non-economic damages. Those include the following:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Chronic physical pain
• Physical disfigurement and scarring
• Post-traumatic stress disorder

When Barrera Law Group LLC takes on your claim, our goal is to fight for the maximum benefits that our clients are due. Sometimes, we can get that compensation through targeted negotiations. When the insurance company or property owner resists a fair offer, we might recommend filing a civil complaint.

Our team has years of courtroom experience, and we have successfully prevailed in presenting evidence in slip and fall accidents. If you or someone you love has been the victim of a slip-and-fall accident, we want to hear from you.

You can call our office to set up a free consultation today. We’ll answer all your questions and discuss the next steps for seeking your compensation.