When a slip and fall accident happens at a restaurant in the Santa Fe area, the restaurant may be liable for resulting injuries. Yet in order to be eligible to seek compensation, you will need to learn more about premises liability claims and how to move forward with a strong slip and fall case. The following are five things you should consider when it comes to slips and falls at New Mexico restaurants. If you have additional questions or need assistance with your claim, you should reach out to an experienced Santa Fe slip and fall attorney as soon as possible.
1. Restaurant Slips and Falls Can Have Many Different Causes
There are many different causes of restaurant slip and fall accidents, and almost any of them may result in the restaurant owner being liable for injuries. Common causes of slips and falls that specifically occur in restaurants include:
- Servers dropping food or drinks while walking to a table;
- Diners spilling drinks or food near a table, or while en route to the restroom;
- Rain puddles in the entryway to the restaurant where umbrellas are gathering or diners are entering the establishment during a storm;
- Kitchen pipe issues leading to flooding;
- Sinks or toilets overflowing in a restaurant restroom;
- Torn or damaged carpeting causing a trip and fall accident; or
- Poor lighting in walkways, either indoors or outdoors on the restaurant property, leading to a slip, trip, or fall accident.
2. Slip and Fall Claims at Restaurants are a Type of Premises Liability Lawsuit
If you slipped and fell, or tripped and fell, at a restaurant in Santa Fe and are considering a personal injury lawsuit, you should know that the type of personal injury lawsuit you will be filing is called a premises liability lawsuit. Owners of premises have a duty to ensure that their properties are reasonably safe for guests.
3. You Will Need to Prove That the Restaurant Was Negligent
In order to win a premises liability lawsuit against a restaurant, you will need to prove that the restaurant was negligent in its maintenance of the premises. Typically, an injured plaintiff will show that a restaurant’s negligence caused a slip and fall by proving that the restaurant knew or should have known about the hazardous slipping or tripping condition, and that the restaurant either failed to remedy the problem or failed to warn about it.
4. Comparative Fault Can Affect Your Claim
New Mexico’s pure comparative fault law means that a plaintiff’s own negligence could result in her damages award being reduced by her percentage of fault, but the plaintiff will not be barred from recovery if she was partially to blame for the slip and fall.
5. You Will Need to File Your Slip and Fall Claim On Time
Most slip and fall claims against restaurants in New Mexico will need to be brought within three years from the date of your injury under New Mexico law. If you fail to file your lawsuit within that three-year window, your claim can become time-barred.
Contact a Santa Fe Slip and Fall Accident Attorney Today
If you recently slipped and fell at a restaurant and sustained injuries, one of our experienced Santa Fe slip and fall accident lawyers can speak with you today about your options for seeking financial compensation. Contact Slate Stern Law to learn more about how we can assist you with a premises liability claim.