New Hampshire Premises Liability
“Premises liability” is the legal term for the responsibility a person or company bears if someone else is injured on its property.
One of the most common premises liability claims is better known as a “slip and fall” or “trip and fall” claim. These claims arise when somebody slips on a wet floor in the local grocery store, trips on a broken sidewalk, or falls on ice that should have been cleared or was cleared carelessly. But, a premises liability claim can arise any time someone who is legally on someone else’s property is injured due to negligent maintenance or failure to warn of dangerous conditions.
Some examples include injuries that happen because of:
- Unlighted or poorly lighted areas
- Loose floorboards or stairs
- Carpeting that isn’t properly tacked down
- Cracked or broken porches, sidewalks, or parking lots
- Faulty wiring or other dangerous conditions in an apartment building
- Insufficient fire exits or blocked hallways and other obstacles
A property owner has an obligation to maintain property in reasonably safe condition, and will typically be found to be in breach of that duty if he or she knew or reasonably should have known of the dangerous condition and failed to correct it. In some cases, the duty may be fulfilled by putting up a sign or otherwise warning visitors to the property to avoid a hazard.
Generally, the property owner is liable only to those who have a right to be on the property.
Who Can Sue for Premises Liability?
New Hampshire law categorizes people as invitees, licensees, and trespassers. But, you can leave it to your personal injury attorney to determine your exact legal status. The important question is whether you were allowed to be where you were when the injury happened.
People who are classified as invitees or licenses and typically entitled to compensation for injuries caused by negligent care of the premises include:
- People in areas that are accessible to the general public
- Customers (including those who are just browsing) in stores, outdoor markets, and other places that invite people in for the purpose of doing business
- Social guests
- Residents and their guests in apartment buildings, nursing homes, and other residential facilities
Trespassers are typically not entitled to compensation. But, even within this category, there are exceptions. So, if you have been injured on someone else’s property or a loved one has been killed in a slip and fall, apartment fire, or other incident on someone else’s property, you should consult an experienced New Hampshire premises liability attorney as soon as possible.
Damages in Premises Liability Cases
Every personal injury case is different. The compensation available to an injured person depends on many different factors, including:
Whether the injured party was partially responsible for the incident that caused the harm
Whether the injuries suffered are short-term, long-term, or permanent
The age and earning capacity of the person at the time of the injury
The value of a premises liability claim can even be impacted by factors that have nothing to do with the injury itself, such as the experience of the attorney handling the claim, the county in which the case is filed, and even the presiding judge.
The best way to get information about what you can expect in a premises liability case is to talk with an attorney who knows New Hampshire premises liability law and New Hampshire civil court procedures. You can get started right now by calling 978-459-3085 to schedule an appointment with attorney Kevin J. Broderick. Or, if you prefer, you can request a free consultation by filling out the contact form on this site
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