If you were injured after falling in a retail establishment, negligent store owners may be liable for your financial losses and suffering. However, legal claims involving slip and falls in stores and New Mexico liability laws can be confusing on your own. While you’re dealing with medical bills, missed work, and emotional strain, insurance companies may try to shift the blame to you to avoid paying what you deserve.
Before pursuing legal action, our New Mexico slip and fall lawyers can help you understand your rights and who can be held responsible. Contact us for a free consultation to see if you qualify to sue a store for a slip and fall in New Mexico, and how we can help you navigate the process.
Key Takeaways
- Store owners and managers in New Mexico have a legal duty to their customers to provide a safe environment that is free of hazards.
- Slip and fall victims may be entitled to compensation when negligence causes their accident—even if they are partially at fault.
- An experienced slip and fall lawyer can protect victims from unfair treatment and insurance company tactics that minimize claim payouts.
Understanding Store Owner Liability in New Mexico
To know who is responsible for a slip and fall accident in a store, it’s essential to understand premises liability in New Mexico. Under state law, property owners generally have a legal duty to take reasonable steps to maintain safe conditions for people who are lawfully on their property. In some situations, courts may consider the injured person’s status on the property, such as:
- Invitees: Individuals permitted to enter the property to benefit the property owner or occupier, such as store customers
- Licensees: People who are allowed on the property for their own benefit, including utility maintenance workers or city health inspectors
- Trespassers: Anyone who does not have the owner’s permission to enter the property
For retail stores, customers are typically considered invitees. This means store owners and managers are expected to take reasonable steps to inspect for hazards, fix dangerous conditions, or warn customers when a risk cannot be addressed right away. When a store fails to do this and someone is injured, the store may be held liable for a resulting slip and fall.
What Must Be Proven to Hold a Store Liable?
Determining retail or grocery store slip and fall liability involves proving negligence. You must establish all four elements of negligence to hold the store legally responsible for what happened, including:
- Duty of care: The property owner or manager had a legal duty to provide a safe environment while you shop.
- Breach of duty: The owner or manager failed in their duty, allowing a dangerous condition to exist.
- Causation: This breach of duty must have caused your slip and fall accident and injuries.
- Damages: The accident resulted in damages, such as medical bills, lost wages, or emotional distress.
The most challenging part of store slip and fall lawsuits in New Mexico is proving that the owner knew or should have known about the hazard that caused your accident. You will need strong evidence to prove negligence and to hold the store liable for your losses.
What Hazards Commonly Cause Slip and Falls in Stores?
While some falls cannot be avoided, many store slip and falls are completely preventable. These accidents are often a result of store management failing to address hazards, such as:
- Spilled drinks or food that makes the floor slippery
- Boxes, merchandise, and other clutter in aisles
- Broken handrails or door handles
- Damaged or uneven flooring
- Loose mats, rugs, or carpet
- Poor lighting conditions
- Lack of barriers or warning signs
When store owners or managers are aware of these dangerous conditions, they have a duty to remedy them or block off the area in a reasonable timeframe to prevent injuries. They are also responsible for identifying potential hazards that could lead to a slip and fall accident.
How New Mexico’s Pure Comparative Negligence Affects Your Claim
New Mexico applies the doctrine of comparative negligence to premises liability claims. This allows slip and fall victims to bring a legal claim for compensation, even when they are partially at fault for the accident.
If you share some blame for the fall that led to your injuries, you may still qualify to file a retail store injury claim in New Mexico. However, the amount awarded is reduced by the percentage of fault you share. Because New Mexico uses a pure comparative negligence system, you may still receive some compensation if you are mostly at fault.
There’s also a time limit to file a claim after a slip and fall. Under N.M. Stat § 37-1-8, victims have three years from the date of the accident to file an injury claim. If you miss this deadline, you may lose your right to pursue compensation for your damages.
Common Defenses Stores Use Against Slip and Fall Claims
When a store manager or owner is responsible for your slip and fall, their insurance company will want to protect their bottom line and pay the least amount possible for your claim. To do this, they will try to fight your claim with these common defenses:
The Hazard Was Open and Obvious
By arguing that the hazard that caused your fall was open and obvious, insurers are trying to make the point that any reasonable person would have noticed and avoided it. For example, they may say the slippery floor was clearly marked with warning signs.
However, visibility of the hazard does not eliminate liability. If store management does not take reasonable steps to remedy the safety hazard, they may still be liable for the accident.
You Were Partially at Fault
Under comparative negligence, insurers often try to blame the slip and fall on the victims. While you may share some fault, the insurance company will attempt to minimize the store’s liability as much as possible to lower its payout amount.
Working with a trusted New Mexico personal injury lawyer can help you protect your rights and fight for the maximum amount available for your losses.
We Didn’t Know About the Hazard
Store owners or managers may say they were unaware of the danger that led to your slip and fall accident. Even if they didn’t know about the hazard, they may be liable if they should have known of it. For example, management failed to complete an inspection that would have alerted them to a spill in an aisle.
Property owners have a responsibility to keep their premises safe. If you were injured due to dangerous conditions, you may be entitled to compensation. Let us fight for your rights.
What To Do After a Slip and Fall in a New Mexico Store
The steps you take after a slip and fall accident can impact your ability to recover compensation. If you’re injured after falling in a store, here are things to keep in mind that can protect your right to take legal action:
- Report the incident: Inform the store of your accident and complete the required incident reports.
- Document the scene: Take pictures and videos of the area, including the hazard that led to your accident.
- Get witness information: If there were witnesses around you, ask for contact information.
- Seek medical attention: See a doctor right away to diagnose and document your injuries.
- Preserve evidence: Keep copies of accident reports, medical records, and other evidence that can strengthen your case.
- Avoid recorded statements: Be cautious when discussing the accident or saying anything that can jeopardize your claim.
- Contact a slip and fall attorney: Connect with a premises liability lawyer in Albuquerque or your area for legal guidance.
Get Help After a Slip and Fall in a New Mexico Store
The process for New Mexico premises liability store lawsuits is complex, involving multiple parties and aggressive insurance adjusters who may treat you unfairly. At Olson Personal Injury Lawyers, we understand the struggles you’re facing and are here to help you and your family fight for the compensation you’re entitled to.
Protecting The West, one case at a time, our team is proud to offer an unwavering customer experience that help injured individuals like you rebuild their lives. With our Zero Fee Guarantee, there are no legal fees for our services unless we win your case. Call (505) 391-8978 or contact us online to schedule a free consultation with our New Mexico slip and fall attorneys.
