Premises liability laws in New Mexico and other states maintain that businesses have a legal responsibility to keep areas that are open to customers in a safe condition. If a customer suffers an accidental injury due to a preventable hazard, the customer has the right to file an insurance claim or lawsuit against the business to compensate for the injured customer’s accident-related medical expenses and other accident-related financial losses. Accidental falls on slippery or uneven surfaces are the most common causes of premises liability claims, but they can arise from other kinds of accidents, including but not limited to falling objects and vehicle collisions.
As with all personal injury claims, the plaintiff can only prevail if they can prove that the accident happened because of dangerous conditions at the place of business and not because of the plaintiff’s lack of caution. Defendants in personal injury lawsuits are notorious for attributing plaintiffs’ injuries to the plaintiffs’ pre-existing medical conditions instead of to the accident, and the older the plaintiff is, the easier it is for the defendant to do this. If you got injured in an accidental fall at a place of business, contact a Santa Fe slip-and-fall and premises liability lawyer.
Accidental Falls and New Mexico’s Aging Population
In 2023, accidental falls were the leading cause of injury-related death among New Mexico residents ages 65 and older, according to the New Mexico Department of Health. Between 2019 and 2023, the number of fall-related deaths among New Mexico seniors decreased by 41%, while the number of hospitalizations increased by 6%. This may be due to improved response by emergency personnel, so that people who suffer injuries in falls are more likely to survive their injuries. The rise in the number of hospitalizations of seniors injured in falls could be due to the aging population; more seniors means more people at high risk of fall-related injury.
The NMDOH encourages seniors to get as much physical exercise as they can, such as walking or swimming, since exercise improves balance. They should also wear supportive shoes. Seniors should visit their doctors annually, because primary care doctors conduct routine screenings for fall risk. For example, they will test your vision and hearing and recommend new glasses or hearing aids if you need them.
If you get injured in an accidental fall and file a premises liability claim, the defendant is likely to bring up these issues to justify paying you less. Access to healthcare and high-quality shoes, indeed, your overall health, is often closely tied to your financial resources. Therefore, your chances of getting the compensation you need are best if you have a lawyer to make persuasive arguments about the defendant’s negligence.
Contact Slate Stern About Slip and Fall Accident Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured in accidental falls in New Mexico. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
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