The Elements of Successful a Slip & Fall Case
If you are seeking an insurance settlement or pursuing a personal injury claim involving a slip and fall, a successful case depends on being able to provide that another party, often the owner of the property, is accountable for your sustained injuries. Despite someone falling on someone else’s property, the property owner is not always necessarily assigned legal responsibility for the resulting injuries.
What Needs to Be Proved In Slip & Fall Cases
A successful slip and fall case depends on some key elements. The following must be proven:
- The owner or their employee has to have caused the hazardous condition that leads to the victim's to slip and fall. Examples could include spillage, worn areas of the floor, or other hazardous conditions on the ground.
- The owner or their employee must have had prior knowledge of the hazardous condition but failed to remedy the hazard.
Essentially, it must be shown that either the property owner or an employee had previous knowledge of the hazardous condition, as proprietors are required to take care of their property in a reasonable manner. This means fixing any hazardous conditions as they are discovered on the property.
Accountability in Slip & Fall Cases
The law places focus on the defendant making regular and in-depth attempts to maintain the safety and cleanliness of their property. There are certain aspects to be considered:
- If the hazardous condition -- such as a spill, worn area, loose debris, etc. -- had been present long enough for the owner or an employee to have had knowledge of it.
- The owner had regular procedures or methods in place to inspect, clean, or repair the location. In this case, the property owner could be made to provide evidence of any relevant procedures.
- In the event that the plaintiff fell or slipped over an object that was left on the floor that there was a legitimate reason that the debris was in that location. In that case, it would need to be determined if the object could have been removed or transported to a safe location.
- If it was possible that the object could have been found in a different area or made safer without an increased burden on the property owner.
- If a barrier could have been made surrounding the object to stop visitors and others from tripping or falling.
- If there was sufficient or broken lighting present that contributed to the incident.
Slip & Fall Injuries In Albuquerque
Across the country, slip and fall accidents are one of the leading causes of death and serious injury. Almost anyone can slip and sustain serious injuries, including traumatic brain injury or spinal cord injuries. Falls are the leading reason for hospitalization for New Mexico citizens aged 65 and older.
Will Ferguson & Associates can help you regain the settlement you deserve after being injured in a serious slip and fall. In many cases, a trained New Mexico slip and fall lawyer can hold a negligent property owner accountable. Give us a call today at (505) 243-5566 if you have been injured due to someone else’s negligence while on their property.