Slip-and-Fall negligence cases are often difficult cases to prosecute because many of the companies and insurers who defend against such cases take a hardline approach in New Mexico against people injured in these situations. Slip-and-fall cases usually occur at public places such as clothing stores or supermarkets where customers congregate to buy needed products or goods. Sometimes they occur in the parking lots that these establishments maintain for their customers. Most personal injury attorneys recognize that department stores, grocery stores and other institutions will fight the claim of negligence to discourage potential claimants from even thinking about pursuing a slip-and-fall case.
In any negligence case, whether it be a slip-and-fall case or another type, it is necessary to show the following elements:
- The owner or company in charge of the premises in which the claimant falls has a duty to customers or others legitimately present at the premises.
- The owner or operator of the premises breached that duty by allowing a condition to exist on the premises which is inherently dangerous or poses a risk to people reasonably using the premises.
- The dangerous condition causes or leads to the person sustaining an injury while at the premises.
- The person injured requires certain treatment to address the injuries sustained and incurs other costs such as loss of wages or income from work as well as losses related to domestic functions such as caring for children or spouse.
Frequently those companies defending against such claims or suits will claim that the injured person either knew or should have known that a condition existed which could cause his or her injury. This element can play a significant role in any slip-and-fall personal injury action.
The first order of business after sustaining such an injury should be to contact experienced legal counsel who can advise you on the merits of your case and represent you in dealing with any company’s insurer. Such companies or their insurers may seek to immediately get a recorded statement from the injured person. Without legal counsel, the company will seek to elicit answers which would undermine the injured person’s case.
The attorneys at Giddens & Gatton Law, P.C. represent individuals who have been injured in slip-and-fall accidents in New Mexico. Giddens & Gatton Law, P.C. is located at 10400 Academy Road N.E., Suite 350 in Albuquerque, New Mexico. Call the office at (505) 633-6298 to set up an appointment or visit the firm’s website at giddenslaw.com.