Slip and Fall Lawyers in Hobbs, NM

New Mexico Slip and Fall & Premises Liability Cases We Handle

Kemmy Law Firm has the ability to handle all types of premises liability cases, including:

• Slip and falls
• Falls from heights
• Deck and balcony accidents
• Swimming pool accidents
• Stair accidents
• Elevator and escalator accidents
• Ladder accidents
• Sidewalk accidents
• Parking lot and parking garage accidents
• Wet surface accidents
• Inadequate security and crime

We handle dangerous property accidents on all types of public and private properties, including hotels, motels, grocery stores, big-box stores, small retail shops, doctor’s offices, business and apartment complexes, theaters, sports stadiums, gyms, parks, and city and county property.

Wherever you were when you fell, Kemmy Law Firm is well-versed in these claims, and whether we need to file a lawsuit or an administrative claim with a government – we are here to help.

Our Lawyers Will Identify Who’s Responsible

Following a slip and fall at a grocery store or some other location, you may think you know who was at fault. We recommend hiring a slip and fall lawyer to investigate before forming any conclusions.

It is never enough to claim a property owner or manager is liable; you have to establish their negligence. That is why we conduct thorough investigations and recommend filing premises liability lawsuits as soon as possible. We’ll collect and analyze the evidence immediately available. Then, during the discovery process, we will gather more through interviews, document requests, and depositions.

Comparative Negligence

A common argument against your claim will be comparative negligence. This is where the property owner claims you also were negligent in causing the slip and fall and your injuries.

Under New Mexico’s pure comparative negligence law, you can still recover compensation even if you were somewhat at fault. But the amount is reduced by your degree of fault, whether that percentage is 5% or 95%. To ensure you receive as much compensation as possible, we prepare to push back against any comparative negligence arguments.

Open and Obvious Hazards

Another common defense is that the hazard that caused your slip and fall was open and obvious. In New Mexico, whether the hazard was open and obvious can be important, but it is not a complete defense. If the dangerous condition was visible and could be anticipated and avoided, then you may be considered partly liable. We will strive to prove the danger was not open and obvious, and you could not have seen and avoided it.

Slip & Fall Injury Compensation

After getting hurt in a slip and fall accident that was the result of a property owner’s negligence, you can demand compensation for your:

• Medical Bills
• Lost Income
• Pain and Suffering
• Emotional Distress
• Scarring and Disfigurement
• Disability
• Reduced Earning Capacity
• Reduced Quality of Life

Just as you need to prove the property owner or manager’s breach of duty and responsibility for the slip and fall, you also must prove your injuries, which also are known as damages. For your economic damages, we can use your bills, receipts, pay stubs, and tax returns.

Slip & Fall Accident Claims in NM

Our slip & fall accident attorneys are here to guide you through the entire process of pursuing compensation. If you are concerned about what goes into seeking a slip and fall settlement, do not hesitate to call us. We are here to explain the law and process of filing a claim, as well as discuss how we handle each step.

The slip and fall claim process involves:

• Seeking medical care for your slip and fall injuries;
• Contacting a slip and fall injury lawyer;
• Providing notice to the property owner’s insurance provider;
• Collecting and analyzing evidence during an in-depth investigation of the accident;
• Filing a premises liability lawsuit against the property owner and/or manager;
• Utilizing the discovery process to obtain additional evidence;
• Hiring any necessary expert witnesses, including medical, vocational, economic, accident reconstruction, or industry experts.
• Providing evidence of the property owner’s liability and your injuries to the insurer;
• Entering into settlement negotiations with the insurer; and
• Resolving your claim with a pre-trial settlement or going to trial.

New Mexico Slip and Fall Accidents

Property owners and managers owe you a duty of reasonable care in New Mexico.

Under this standard, the premises should be reasonably safe, and the owners and managers must act to protect visitors from known and foreseeable dangers. A breach of their duty of care, which causes another harm is known as negligence A property owner might owe you compensation for your slip and fall injury if they failed to uphold their duty of care.

To obtain establish negligence, you must show:

• Duty: The property owner owed you a duty of care. In other words, you were not a trespasser.
• Breach: The property owner failed to uphold their duty of care by failing to keep their property reasonably safe.
• Causation: The property owner’s failure to maintain reasonably safe premises caused your slip and fall accident.
• Damages: You suffered a compensable injury in the slip and fall accident.

To establish the four elements of a NM premises liability claim, you need evidence. Our slip and fall lawyers collect evidence through an independent and thorough investigation. We will gather photos of the area where you fell, any video footage of the fall, eyewitness statements, and background on the property owner.

We will also investigate whether the property owner has a history of accidents on any of their premises. We’ll look into how the owner maintains their premises, including when and how they inspect their property, how quickly they make repairs, and how they typically warn visitors about dangers.

Your Status on the Property

In many states, the duty a property owner owes another depends on that person’s status while on the property. The different statuses are invitee, licensee, and trespassers.

An invitee is someone who has permission to be on the property and is there for a mutually beneficial reason. Invitees are often business customers, clients, or patrons. Licensees are individuals who are on another party’s property for their own benefit, including social guests. Trespassers do not have permission to be on the property at all.

New Mexico law does not recognize the differences between invitees and licensees. Property owners are required to maintain a reasonable care standard for everyone who has permission to be on the property. Whether you were a social guest or a customer at the time of the slip and fall, you would hold the owner to the same standard. New Mexico property owners and managers do not owe reasonable care to trespassers.

We Take Slip and Fall Cases to Trial and Win

Many slip and fall injury victims are unsure of hiring a trial lawyer. You may worry that you will end up in a contentious and lengthy court case. This is never our goal.

With over 50 years of combined trial experience and success, we can tell you the benefit of working with a veteran is that your accident attorney will focus on being trial-ready throughout your case. Whether or not you receive an appropriate settlement, you can be confident that they have thoroughly investigated the accident, gone over every piece of evidence multiple times, and have examined the case from various points of view. Being prepared for trial is always an advantage during insurance settlement negotiations.

It is also important to remember that a settlement offer is not guaranteed after a slip and fall. A homeowner may not have insurance, a business may deny liability, and insurers may refuse to agree to a fair sum. In all of these circumstances, you need an experienced injury attorney willing and ready to fight for your rights.

At Kemmy Law Firm, we are proud of our record of success, and the millions obtained for our clients in settlements and verdicts.