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Las Cruces Slip and Fall Lawyer
Experienced Slip and Fall Attorney in Las Cruces
Slip and fall accidents are very common and can happen in a number of ways. Unfortunately, they can also result in a number of minor or major injuries. These injuries could require extensive medical care, time away from work, and sudden financial hardships. A Las Cruces slip and fall lawyer can help you understand your legal options after an accident caused by dangerous or defective property conditions.
Hire a Slip and Fall Lawyer
Property owners generally have a duty to exercise ordinary care to maintain reasonably safe premises for visitors. The team at Egolf + Ferlic + Martinez, LLC is staunch advocates for our clients throughout Las Cruces. We carefully review accident reports, maintenance logs, witness statements, and any other evidence that may be available in order to counsel clients on filing claims for our injured clients.
Our team provides compassionate and competent legal representation supported by a track record of successful results. Personal injury claims can be difficult and complex. While you are focusing on recovery, you are unfairly increasing your financial debt to pay for that recovery. Holding the party responsible can help you and your loved ones move forward.
Common Causes of Slip and Fall Accidents in Las Cruces
Slip and fall accidents can occur throughout Las Cruces when property owners fail to address hazardous conditions. High-traffic commercial areas, such as Telshor Boulevard, Lohman Avenue, University Avenue, and the Mesilla Valley Mall, attract large numbers of visitors each day.
Wet floors, uneven sidewalks, broken stairways, loose flooring, inadequate lighting, and debris in aisles are common dangerous conditions. Determining what caused the accident and how long the dangerous condition was present is often a crucial factor in deciding if a property owner could be held liable.
Property Owners’ Responsibilities Under New Mexico Law
In New Mexico, as in most states, a landowner or business owes a duty of ordinary care to keep the premises in a reasonably safe condition for lawful visitors. Depending on the circumstances, this duty may require reasonable inspections, repairs of dangerous conditions, or adequate warnings until hazards are corrected.
Whether a landowner acted reasonably is a fact question that depends on the circumstances of the accident. Most slip and fall claims must be filed within three years under N.M. Stat. Ann. § 37-1-8.
Evidence That Can Strengthen a Slip and Fall Claim
Substantial evidence may be available to help prove what caused a slip and fall accident and whether the property owner was negligent. Photos of the dangerous condition, surveillance videos, an incident report, witness statements, and maintenance logs can often help show how the accident happened.
Medical records may also be used to tie the fall to the injury and treatment received. In some cases, professionals may inspect the property or explain how building or safety codes apply to the case. Evidence should be preserved as soon as possible to prevent it from being lost.
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Injuries Commonly Associated With Slip and Fall Accidents
Injuries sustained in slip and fall accidents can be as minor as a sprain or as severe as life-changing trauma. Broken wrists, fractured hips, traumatic brain injuries, spinal cord injuries, shoulder injuries, and torn ligaments are some of the most common injuries from a slip and fall. A victim’s recovery could include surgery, rehabilitation, and long-term medical care depending on the severity of the injury.
According to the Centers for Disease Control and Prevention, each year in the United States, more than 14 million adults age 65 and older, or about 1 in 4, report falling. Injuries can happen to anyone at any age, but serious injuries are more common among older adults.
FAQs
Can I Still Recover Compensation if I Was Looking at My Phone When I Fell?
Being distracted does not necessarily bar recovery in a slip and fall accident. New Mexico has a pure comparative fault rule, and your own actions will be considered when awarding damages. You may still be able to recover in some cases, but it will depend on the facts, such as what the owner of the property did or failed to do and whether your own conduct caused or contributed to the fall.
What Should I Do if a Business Refuses to Complete an Incident Report?
A business is generally not legally required to prepare an incident report simply because a customer requests one. If management refuses to document the accident, you can do it yourself. Take photographs, collect the contact information of witnesses, and write down the date, time, and place where you fell. Prompt medical treatment also provides independent documentation should a claim be filed later.
How Often Do Falls Cause Injuries in Older Adults?
Falls often cause injuries that impact an older adult’s activities and ability to function independently. The Centers for Disease Control and Prevention report that 1 in 10 falls leads to an injury that makes an older adult limit their usual activities for at least one day or seek medical care. Timely evaluation after a fall may reveal an injury that may not have been recognized and provide support for proper treatment.
Will My Slip and Fall Case Have to Go to Trial?
A slip and fall case will not automatically have to go to trial. Many premises liability cases are settled after the parties review the evidence, medical records, and available insurance. Litigation may be required, however, when there is a dispute over liability or disagreement on reasonable compensation. The time frame for every case is different depending on the facts and legal issues present.
Las Cruces Slip and Fall Lawyer
A slip and fall accident can cause serious, long-term physical, emotional, and financial effects, especially if the fall is caused by dangerous property conditions that the responsible party could have easily avoided. It is important for accident victims to understand how premises liability claims are pursued, what types of evidence may support a claim, and what deadlines exist, so they can make informed decisions in the aftermath of an accident.
Egolf + Ferlic + Martinez, LLC serves clients across New Mexico in premises liability cases and is dedicated to protecting the rights of those who have been injured because of hazardous premises. Schedule a consultation today to hire a slip and fall lawyer.
We Can Help You Obtain Justice
With our main office in Santa Fe and dedicated staff across New Mexico—including Las Cruces, Albuquerque, and Taos—we’re ready to support your case wherever you are.
Call Us for a Free Case Evaluation 505-986-9641
123 W. San Francisco St. Floor 2
Santa Fe, NM 87501-2111
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Main Office
123 W. San Francisco St. Floor 2
Santa Fe, NM 87501-2111
Call Us for a Free
Case Evaluation 505-986-9641
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