When you visit a property or business during the winter months of New Mexico, laws protect your right to safety, including the proper removal of snow and ice on and around sidewalks, parking lots, and walkways. When the property owner fails to meet this duty, you may be able to file a compensation claim if you are injured during a slip and fall accident.
In This Post
This post will help you understand the legal issues surrounding slip and fall on ice accident claims, what your case could be worth, and what you should do after you fall on ice. For personalized legal advice, always speak with a New Mexico slip and fall accident injury lawyer first.
Are Businesses Responsible for Removing Snow and Ice in New Mexico?
While there are no specific statutes that address snow and ice removal, New Mexico applies premises liability and general comparative negligence laws to these cases. However, each city and county may follow guidelines that exceed these laws.
Property Owners Hold a General Duty of Care
New Mexico property owners have the responsibility to ensure that the entire premises are secure and safe. As such, owners must take reasonable measures to prevent an accident from happening.
Reasonable measures to protect visitors after a storm include:
- Shoveling parking lots, sidewalks, and stairs
- Applying ice melt or sand to affected areas
- Affixing signage to the exterior of the building
- Adding a rug or mat at building entrances
- Other actions as reasonable
Ultimately, the property owner must do everything in his or her power to keep the premises safe for visitors and passersby. However, there is the element of “reasonableness,” which also protects property owners from situations beyond their control. As such, not every slip and fall on ice claim in New Mexico is eligible for financial compensation.
How Much Is a Slip and Fall on Ice Injury Case Worth?
If property owner negligence was involved in your slip and fall on ice accident injury, you have the right to hold them accountable for their actions. You can hold them liable by filing a personal injury case to receive compensation for the damages you suffered as a result.
Examples of compensation that you could receive includes:
- Current and future medical expenses
- Lost work benefits and wages
- Physical pain and suffering
- Lost enjoyment of life
- Punitive damages (rarely)
- Other recoverable damages
Keep in mind that, although the property owner holds a general duty of care to remove ice and snow build-up from the property, he or she may not be held liable if certain conditions are present. A slip and fall on ice injury lawyer will analyze your case to determine if negligence was a factor.
Factors that Influence Your Slip and Fall on Ice Case
Factors that attorneys consider include a storm’s severity, time the ice and snow have remained, and if complaints have been filed against the property owner by others. When examined by a legal professional, the reason for your accident may become more evident than previously thought.
What Should I Do If I Slip and Fall on Ice in New Mexico?
Your top priority is your health and recovery when you slip and fall on ice. Do not delay whatsoever in seeking medical attention regardless of how minor you believe the injury is. Not only can delaying medical care affect your health, but it can also negatively impact your injury claim.
Preserve Accident Injury Evidence If Possible
If possible, you or your loved one should preserve evidence that speaks to the facts of your case, including:
- Eyewitness contact information
- Video or photo evidence
- Copies of accident reports
- Copies of medical bills
- Other forms of evidence available
After seeking medical attention and following your doctors’ orders explicitly, your next step is to start calling premises liability accident injury lawyers in New Mexico before filing your claim. While your health is the most important thing, there are individual notification and deadline requirements that your case may need to meet, so it is critical to act now.
File Your Claim with an Attorney Before the Deadline
You also have a limited amount of time to file a slip and fall on ice injury claim in New Mexico due to our state’s statute of limitations. Missing the statute of limitations or government notification requirements will negatively impact your case’s outcome, which means that you should seek legal help as soon as possible to avoid missing your opportunity to receive a civil award.
Schedule a Free Case Evaluation with Grano Law Offices, P.C. Today
Avoid delaying your case by getting the answers you want with a Free Case Evaluation. Schedule yours today by contacting Grano Law Offices, P.C. using our form below or calling (505) 426-8711. If we agree to work together, my office will not charge you any form of an advance payment. We only get paid when you win your slip and fall case.
