New Hampshire Resort and Recreation Injuries

Accidents can happen anywhere. If you’ve slipped by the pool at a resort and suffered an injury or been injured when another snowboarder swooped in front of you on the slopes, you may be wondering whether you’re entitled to compensation. The answer is “maybe–it depends on the specifics of your case.”

Property Owner Liability for Resort and Recreation Injuries

Imagine that you’re walking through a small patch of woods and trip on a piece of broken concrete jutting out of the man-made path, falling and breaking your knee.

Resort Injuries

If you’re at a resort where you’ve paid to stay and use the land, the resort will likely be responsible for your injuries. You’ll have to show that they didn’t live up to their duty to keep the premises reasonably safe for guests like you. What you may not know is that the answer may be completely different depending on the ownership of the property and the circumstances of you being on the property.

Injuries to Trespassers

If you’re trespassing on someone else’s land and the injury occurs exactly as described above, the property owner generally won’t be held liable. That’s because under New Hampshire law, the duty of care owed to trespassers is extremely low. The property owner doesn’t have a responsibility to keep the land safe for trespassers in the way the resort has a responsibility to keep the property safe for paying guests.

Injuries on Property Made Available for Unpaid Recreational Use

If the landowner makes the property available for recreational use at no charge, they are also very unlikely to be held responsible. New Hampshire has a recreational use immunity statute that protects property owners who share their land with the public for free from liability. There are some limited exceptions, such as when the injury was caused by an intentional act of the owner, or in the case of wanton or malicious failure to warn against a hazard.

As you can see, there are a lot of variables to consider in determining whether a property owner may be responsible for injuries you sustained on their land. The best way to get reliable information about whether you may have an injury claim after a resort or recreation injury is to consult a New Hampshire personal injury lawyer as soon as possible after your accident.

Third-Party Liability for Resort and Recreation Injuries

The parties possibly responsible for a resort or recreation injury depend on the circumstances of your accident and who was involved. Some possible responsible parties include:

• The property owner, if you are injured in a slip or trip accident due to their failure to properly maintain the premises or warn you of a danger
• Another guest at the resort or recreational facility if they negligently injure you or contribute to your injury
• Another driver, if you are involved in a motor vehicle accident or hit by a car on vacation
• The employer of the responsible driver, if they were on the job when the accident occurred
• The manufacturer of a defective piece of equipment, such as a hot tub or ski equipment

Of course, these are just a few examples of common types of injuries and the parties who may be responsible for them. It can be very difficult to determine for yourself who may bear legal responsibility for an injury. For example, if the server at a resort spills hot liquid on you and you suffer burns, the responsibility likely lies with the resort. But, if a delivery truck driver who is an independent contractor injuries you on resort property, the driver is likely responsible. And, in either case someone else may be at least partly responsible–another guest who bumped the waiter, or the resort for putting guests at risk with an unsafe delivery set-up.

Your best step after a resort or recreation injury, or any type of injury that may be someone else’s fault, is to talk to an experienced New Hampshire personal injury lawyer right away.

Just call 978-459-3085 or fill out the contact form on this site to get started.

Attorney Kevin J. Broderick has devoted his career to helping people who have been injured through someone else’s fault. He understands how difficult and stressful the aftermath of a serious injury can be, and wants to make it as easy as possible for you to get the help you need.

You can schedule a free consultation right now to:

• Learn more about your rights and what to expect if you pursue a personal injury claim
• Get advice on how to protect your claim and avoid common missteps
• Get a general assessment of the type of damages that might be available in your case

The sooner you schedule your free consultation with an experienced back injury lawyer you will be to protect yourself and your claim and pursue the compensation you deserve. You can start right now by calling  978-459-3085 or fill out the contact form on this site to get a free consultation. Even if you aren’t sure if you have a case, it is always better to call and ask.