When you are going into a store during the winter months in New Mexico or window shopping in downtown Santa Fe, you should be able to expect that you will not sustain any injuries because of slip, trip, and fall risks in or around the retail establishment. Yet these types of accidents and injuries do happen, and they frequently occur in winter months when ice and snow can accumulate. If you slip and fall at a Santa Fe business in the winter, is the business owner liable for your injuries? The answer to that question depends upon a number of factors. Our Santa Fe personal injury attorneys are here to help.
Did a Hazard on the Business Property Cause Your Slip and Fall?
Premises liability law says that business owners and other property owners must maintain their premises in a reasonably safe manner so that guests do not sustain injuries on the property. Failure to maintain business premises in a reasonably safe manner, especially during the winter months, may result in a retail store owner being liable for injuries that occur in a slip and fall if the slip and fall was caused by the hazardous conditions on the property.
In the winter, what kinds of hazardous conditions can result in business owner liability? If a sidewalk or walkway outside the business is privately owned (i.e., is part of the business premises and is not public property), the business owner likely has a duty to clear away snow and ice or to salt the area, or to post a sign about an icy walking path that could result in slip and fall injuries. According to an article in the Santa Fe Reporter, the city routinely has “ice patches and snow accumulations of two inches and above,” making wintertime particularly hazardous for pedestrians. Just as business owners have a duty to remedy slipping hazards on their outdoor premises, they also have a duty to clean up slick areas just inside a store from snow and slush on boots that may accumulate.
In some cases, a slip and fall might occur on a public sidewalk outside a business. In such cases, the city may be liable for injuries. As that article in the Santa Fe Reporter highlights, the “city is immune from liability for design defects under the tort claims law, but it can be liable for faulty maintenance.” Indeed, the city of Santa Fe has settled a number of slip and fall lawsuits related to icy public walking areas, according to the article.
Did the Slip and Fall Result in Part From Your Own Negligence?
Did your own negligence play a role in causing the slip and fall accident? For example, did you slip on an icy doorway to a business, but were you distracted by your smartphone while you were walking into the business? A court may determine that you bear some responsibility for the slip and fall accident and your injury, but the business can still be liable. Your damages award may be reduced, however, by your percentage of fault.
Has the Statute of Limitations Run Out?
In order for a business to be liable and to be required to pay damages, the injured party will need to file a lawsuit before the statute of limitations runs out. Under New Mexico law, most slip and fall lawsuits must be filed within three years from the date of the slip and fall accident.
Contact Our Santa Fe Slip and Fall Accident Lawyers
If you were injured in a slip and fall due to wintry conditions around a Santa Fe business, you should seek advice from one of our New Mexico personal injury attorneys as soon as possible. Contact Slate Stern Law for more information about filing a claim for compensation.