The summer went by too quickly. By now, the swimming pools are closed, except the ones that stay open year-round. The kids are back in school, already looking forward to summer vacation, even though they spent the whole summer complaining that they were bored. Before long, the temperatures at night will start to drop below freezing, and the snow will start falling.
Even though people who have never been this far southwest and have only watched videos online about scenic, affordable retirement destinations tend to think of New Mexico as part of the Sun Belt, Santa Fe gets at least six snowfalls most years. That means plenty of slippery surfaces in the mountainous terrain of Santa Fe. Even though New Mexico’s premises liability laws do not directly address snowy and icy weather conditions, the local ordinances of Santa Fe do. If you were injured in a slip and fall accident during or shortly after a snowstorm, contact a Santa Fe slip-and-fall and premises liability lawyer.
Storm Doctrines, Not That New Mexico Has One
Premises liability laws hold the owner of a business, and sometimes even the homeowner, legally responsible if a visitor gets injured in a preventable accident on the property. The property owner’s legal duty to keep the property in safe conditions depends on why the visitor was on the property. For example, New Mexico and other states have recreational land use statutes that protect property owners from most lawsuits if the owner leaves the property open for recreational use free of charge.
Some states have snowstorm doctrines, which state that the property owner is not responsible for slip and fall accidents on the property during a snowstorm. In other words, if people go to a store during a snowstorm, the floor will still be slippery, even if the employees mop the floor multiple times an hour. New Mexico does not have a storm doctrine; they are only in northern states that have snowier weather than New Mexico.
Santa Fe Snow Removal Laws
The laws in New Mexico are not completely silent about legal responsibility for slippery surfaces in the winter. Even though New Mexico does not have a statewide storm doctrine regarding premises liability claims, Santa Fe and other cities have local ordinances about snow removal. Property owners must remove snow from walkways on their property promptly after a storm. Pursuant to Title III of the Americans with Disabilities Act, they must remove the snow adequately so that the walkway is accessible not only to people walking unassisted but also to people accessing the walkway with wheelchairs or crutches. If the property owner did not remove the snow after a storm, and you fell and got injured, this supports your claim in a premises liability case.
Contact Slate Stern About Personal Injury Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured in slip and fall accidents. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
Sources
https://santafenm.gov/media/files/public_works/Snow_Ice_Removal__Flyer.pdf
Photo by David Jowanka on Unsplash