When you walk into a New Mexico retail store, you don’t expect to sustain an injury caused by a falling object. However, these things happen, and the injuries caused by falling objects can be severe.
After being struck by a falling object, you may sustain a head injury, traumatic brain injury, spinal cord injury, or other musculoskeletal injury that impacts your ability to work and leaves you with significant medical bills. For this reason, it’s essential that you work with a skilled premises liability lawyer who can help you hold the retailer liable for the harm caused by its negligence.
Protecting Visitors from Harm in New Mexico
In New Mexico, property owners have a duty to protect visitors from harm on their premises. And if a hazardous property condition causes an injury to a visitor, they can seek compensation through a premises liability lawsuit.
However, not all property visitors are treated equally under the law. New Mexico follows the Restatement (Second) of Torts’ definitions for invitees, licensees, and trespassers:
- Invitees are individuals who are on a property for the retailer’s financial benefit, such as customers.
- Licensees are individuals who are on a property for social reasons, such as someone who stops into a store for a casual conversation with an employee or someone who visits their friend’s home.
- Trespassers are individuals who are on a property without the consent of the owner.
Retailers generally owe the highest duty of care to invitees and the lowest to trespassers. As part of their duty to protect invitees, retailers must regularly inspect their property for hazards and remedy or warn licensees about them.
How Does Negligence Cause Falling Merchandise Injuries?
When retailers stack merchandise too high or hang it on walls that are unable to support it, it can come crashing down on unsuspecting customers. Failing to recognize that these practices are likely to cause injuries may count as negligence, which must be proven for a successful personal injury case.
Proving negligence is a key step in establishing a retailer’s financial liability for your injuries. Their lawyers will likely try to claim that the incident was unforeseeable or that you somehow contributed to the accident yourself. However, an experienced premises liability attorney can use evidence to build a strong case demonstrating that the retailer is solely at fault.
Seeking Compensation After a Falling Merchandise Injury
Typically, injured retail customers have two options for seeking compensation for their medical expenses, lost wages, pain and suffering, and other losses. They can file a lawsuit against the retailer or an insurance claim against the retailer’s business liability insurance policy.
Filing a business insurance claim is often the first option, with filing a personal injury lawsuit being the backup option, as it can be both costlier and more time-consuming.
Gathering and Preserving Evidence in Premises Liability Cases
If you are injured by a falling object in a retail store, it’s vital that you document the scene by taking photographs. This documentation will serve as crucial evidence in your case, depicting the hazardous condition that led to merchandise falling on and injuring you.
You should also immediately notify the retailer about the injury and request that the manager file an official incident report. When they do, ask for a copy of this report and keep it for your records.
Contact Our New Mexico Premises Liability Lawyers
Did a falling object strike you in a New Mexico retail store? Contact Hunt Law Firm for a free consultation with a highly qualified member of our legal team about your case. One of our lawyers will review how your injury occurred and go over the strengths and weaknesses of your case. We’ll then walk you through what to expect from the insurance claims and legal system, so you know where your case is heading.