A woman injured by a motorized shopping cart recently won a slip and fall lawsuit against a Cleveland grocery store. The accident happened in 2012 when another customer in the premises lost control of a motorized cart which struck the plaintiff. The complaint alleged that the impact tossed the plaintiff a few feet off the ground, causing her to hit her head on a store shelf.
Other Allegations of the Complaint
The plaintiff, who was 71 years old at the time, suffered from head and neck injuries that she attributed to the slip and fall accident. In prosecuting her claim for damages, the plaintiff said that the defendant failed to show its customers the proper and safe use of the store’s motorized carts and should be liable for the resulting injuries. The jury awarded $1.2 million to the plaintiff.
New Mexico Slip-and-Fall Law
In New Mexico, premises owners may be held liable in slip and fall accidents and for resulting injuries suffered by their patrons. If you or a family member is seriously injured in a slip and fall or trip and fall accident, your first step after seeking medical treatment and care is to consult an experienced personal injury attorney about your situation.
Your lawyer can examine the circumstances of your accident and determine whether you have a right to claim compensation against the premises owner. For a claim for compensation to succeed, your attorney should be able to establish certain things:
- That the store or premises owner knows or should have known of the dangerous condition on his premises
- That the owner should have expected that its customers would not realize or discover the dangerous condition or would fail to protect themselves against it
- The owner failed to exercise reasonable care to protect the plaintiff against the dangerous condition affecting their property
In Las Cruces, New Mexico, the Law Offices of Samuel I, Kane, P.A. have broad experience personal injury cases such as slip and fall accidents. Atty. Samuel Kane is a seasoned litigator who has built a litigation record from over 1000 bench and jury trials.
Our attorneys will work very hard to obtain compensation for your situation and is prepared to take your case to trial if necessary. Call us today at (575) 526-5263 to schedule a free consultation.