Albuquerque Slip and Fall Lawyer

A slip and fall accident can sometimes lead to severe injuries, including broken bones and head injuries or disability. According to the National Safety Council (NSC), fall-related injuries are one of the leading causes of unintentional death and led to more than 6.9 million emergency room visits in 2021.

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 from Barrera Law Group LLC would be happy to discuss your claim during a no-cost, no-obligation consultation.

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 fall injuries each year. 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

If there is enough evidence that can prove a property owner failed in their duty of care, such as repairing a known hazard or 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.

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 lead to 33% of all nonfatal injuries in the United States and 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 three million are treated in emergency departments for 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, in most cases, someone can be held liable for the incident. Property owners have a duty of care to anyone who enters their property, although that duty varies depending on the type of visitor.

• Invitees: Someone who is a guest or who has been invited to the property for a purpose, such as the customer of a retail store. The property owner owes an invitee a duty of care to inspect the property, keep it safe, and post any necessary warning signs for known hazards.
• Licensees: Someone who is legally allowed on a property for their benefit, not that of a property owner, such as a utility worker or delivery person. Licensees are owed the same duty of care as invitees, except for the duty of the property owner to inspect the property beforehand.
• Trespassers: Someone who does not have any permission or invitation to be on a property for any reason at all. A trespasser has no legal authority to be on the property, and as such, a property owner has no legal obligation to prevent an injury or warn of any hazards unless the trespasser is under the age of 18. However, a property owner is not allowed to intentionally harm a trespasser.

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

Comparative negligence is another doctrine that New Mexico holds to. 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.

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 your fall was caused by a hazard 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

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 to you when reviewing the details of your case.

How Barrera Law Group LLC Can Help With Your Slip and Fall 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 you 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 us today!