Slip and Fall Injuries: Who’s Responsible and When Can You Sue?

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Richard J. Valle
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Criostoir (Chris) O'Cleireachain
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Matthew J. Zamora
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Andrea D. Harris
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Slip and fall accidents are one of the most common causes of injury in New Mexico, especially during winter months, rainy seasons, or periods of poor property maintenance. Icy sidewalks, wet grocery store floors, uneven pavement, and dimly lit stairwells can quickly turn everyday spaces into dangerous environments.

Many people assume a fall is their own fault, but property owners often have a legal responsibility to keep their premises safe. When they fail to do so, and someone is injured, they may be held financially responsible.

At VOZH Law, we help injury victims understand when a fall is more than bad luck and when it becomes a valid personal injury claim. This guide explains who may be responsible, when you can sue, and what steps protect your rights after a slip and fall.

Why Slip and Fall Accidents Are So Serious

Slip and fall injuries are often dismissed as minor, yet they frequently cause long-term physical and financial consequences.

According to the Centers for Disease Control and Prevention, falls are the leading cause of injury-related emergency room visits in the United States and a major cause of traumatic brain injuries, particularly among older adults.

Common personal injuries include broken bones, head injuries, spinal trauma, knee and shoulder damage, and soft tissue injuries that worsen over time. These injuries can require extensive medical care, missed work, and long recovery periods.

Who Can Be Held Responsible for a Slip and Fall?

Responsibility depends on where the fall occurred and who controlled the property at the time of the incident.

Property Owners and Managers

Property owners and managers are often responsible for maintaining safe conditions in places such as grocery stores, apartment complexes, restaurants, hotels, office buildings, and parking lots. Their duties include inspection for hazards, repairing dangerous conditions, and warning visitors when risks cannot be fixed immediately.

Government Entities

Slip and fall injuries can also occur on public property, including sidewalks, government buildings, and public parking structures. Claims involving government entities are subject to special notice requirements and shorter deadlines, making it important to speak with a slip and fall lawyer as soon as possible.

Learn more about how VOZH Law handles injury cases on public and private property on our Personal Injury Services page.

What Makes a Slip and Fall Case Legally Valid?

Not every fall leads to a successful claim. To pursue compensation, several legal elements must be established.

A dangerous condition must have existed, such as ice, water, broken steps, poor lighting, or uneven surfaces. The property owner must have known about the hazard or reasonably should have discovered it through routine inspections. The condition must not have been so obvious that it completely shifts responsibility to the injured person. Finally, the hazard must be the direct cause of your injuries.

A Personal Injury lawyer helps gather evidence to prove each of these elements.

Common Challenges in Slip and Fall Claims

Personal Injury claims are frequently challenged by insurance companies. They may argue that you were distracted, the hazard was obvious, the condition appeared moments before the fall, or your injuries were pre-existing.

New Mexico’s pure comparative negligence system allows compensation to be reduced based on your percentage of fault. Insurers often use this rule to minimize payouts. Having a slip and fall lawyer involved helps prevent unfair blame and undervalued claims.

What to Do After a Slip and Fall Accident

The actions you take after a fall can directly impact your ability to recover compensation.

Report the incident immediately, request an incident report, document the scene with photos or video, gather witness information, and seek medical care right away. Avoid giving recorded statements to insurance companies before speaking with a lawyer.

When Should You Contact a Slip and Fall Lawyer?

You should consider contacting a slip and fall lawyer if you required medical treatment, missed work, experienced worsening symptoms, or if the property owner or insurance company denies responsibility. Falls on commercial or public property also warrant early legal guidance.

How VOZH Law Helps Slip and Fall Injury Victims

At VOZH Law, we help slip and fall victims by investigating property maintenance records, securing surveillance footage, working with medical providers, calculating full damages, and handling all communication with insurers. When necessary, we prepare cases for litigation to protect our clients’ rights.

Talk to VOZH Law About Your Slip and Fall Injury

Slip and fall accidents can result in serious, lasting injuries. If unsafe property conditions caused your fall, you may be entitled to compensation for medical bills and/or lost income.

VOZH Law offers free consultations to help you understand your options. Contact VOZH Law today to protect your rights and take the next step forward.

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