New Mexico Complaint for Fall On Stairs

State:
Multi-State
Control #:
US-0598-WG
Format:
Word; 
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Description

This form is a Complaint for a fall on a set of stairs.
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FAQ

In New Mexico, there is an independent claim for intentional infliction of emotional distress (IIED).

There is a three-year statute of limitations in New Mexico from the time of an accident during which a lawsuit may be filed. Of course, it's crucial to maintain tabs on the statute of limitations to safeguard your right to seek compensation for your injuries.

To be eligible to make a slip and trip claim, you will need to prove that the occupier of the space failed to comply with their duty of care and you were injured as a result. For example, you may suffer an injury in a pavement accident if ice is not cleared or if the pavement is not gritted.

Failure to properly clear stairs of snow and ice in the wintertime can make someone liable for an accident that occurs on their steps. Property owners are responsible for clearing their own steps. As long as they're aware that the hazard is present, they can be considered liable.

The first thing you need to do after a fall is work out if you're hurt. Take a few minutes to check your body for any pain or injuries, then: if you're not hurt, try to get up from the floor. if you're hurt or unable to get off the floor, call for help and keep warm and moving as best you can while you wait.

Unlike many other states, New Mexico is a pure comparative negligence state. Under this legal theory, the amount that you would be entitled to in a claim settlement is reduced by the percentage of your fault in causing your injuries.

Sometimes, the fall is just an accident. Other times, the fall is the result of negligent maintenance of the stairs, a dangerous condition on the stairs, or a slippery substance on the stairs.

This is a legal obligation derived from the Health and Safety at Work Act 1974. As such, if you have fallen down a flight of stairs in the workplace, you could be compensated if: Your employer has failed to uphold their duty of care i.e. they've been negligent. You fell down the stairs as a result of their negligence.

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New Mexico Complaint for Fall On Stairs