Who May Be Liable if You Slip and Fall at a New Mexico State Park?

by | Apr 12, 2023 | Slip and Fall Accidents | 0 comments

New Mexico is home to many stunning state parks. Whether you are exploring the majestic caverns or hiking the rugged terrain of the mountains, the state’s natural beauty is truly awe-inspiring. However, even in these breathtaking surroundings, slip-and-fall accidents can happen. Determining liability can be complex without a skilled slip-and-fall accident lawyer on your side, as many factors can affect your case’s success. 

Whether the state park or a negligent third party is responsible for your slip-and-fall accident injuries, you may be eligible to pursue the maximum compensation you deserve with the help of Dominguez Law. We are well-versed in the specific laws that may affect your case and can guide you through the legal process while you focus on your recovery. 

Liable Parties in a Slip and Fall Accident at a New Mexico State Park 

Slip-and-fall accidents can happen anywhere, including New Mexico state parks. When such accidents occur, the question of liability arises. Who is responsible for injuries sustained by lawful visitors? 

Premises liability holds property owners responsible for injuries that occur on their property due to their negligence. In New Mexico, property owners hold a duty to maintain their property in safe conditions and to warn visitors of any possible hazards.  

Liability of State Entities in New Mexico 

State governments, including New Mexico, are immune from lawsuits under sovereign immunity. However, the New Mexico Tort Claims Act waives this immunity for certain types of claims, including those relating to premises liability. Under this act, the state can be held liable for injuries that occur on state property if the victim can prove that the state’s negligence caused them to suffer injuries. 

To establish liability, you must show the following: 

  • The state had a duty to maintain the park in a reasonably safe condition 
  • The state breached this duty of care by failing to maintain the park in a reasonably safe condition 
  • The breach of duty caused the slip-and-fall accident and subsequent injuries 
  • The accident resulted in economic and non-economic damages 

Holding a state entity liable for a slip-and-fall accident can be complex and requires the legal guidance of an experienced lawyer. 

Liability of Park Staff and Contractors 

State parks employ staff and contractors to perform maintenance, repairs, and other tasks to keep the park safe for visitors. If a slip-and-fall accident occurs due to the negligence of a third party, they may be held liable for injuries sustained by the victim. 

For example, if a park employee failed to clean up a spill or remove a hazard from a walkway and a visitor slipped and fell, the employee may be held liable for the visitor’s injuries. Similarly, if a contractor was hired to maintain park trails and failed to properly mark a dangerous area, they may be responsible for subsequent injuries from a slip and fall accident. 

In some cases, the negligence of other visitors may contribute to a slip-and-fall accident. For instance, if a visitor spills a drink on a walkway and fails to clean it up, you may suffer injuries due to the lack of duty of care. In such cases, the negligent visitor may be liable for accident-related injuries suffered by the victim. 

Contact the Slip-and-Fall Lawyers at Dominguez Law 

Slip-and-fall accidents can be complex, especially when they occur at New Mexico state parks. It is essential to understand that liability may fall on multiple parties, including state entities, park staff, and contractors, as well as other visitors. At Dominguez Law, we can help you navigate the legal process and fight to ensure you recover the compensation you deserve. 

Schedule a complimentary consultation with a compassionate and aggressive slip-and-fall accident lawyer by calling (505) 850-5854 or filling out our contact form. We are fluent in English and Spanish.