New Hampshire Injury Lawyer Blog

Can Restaurants Be Held Liable Through a New Hampshire Product Liability Lawsuit?

Published on: September 21, 2020 | By Peter Thompson & Associates

As cooler temperatures begin to move in, one of life’s simplest pleasures is sitting in a coffee shop with a warm, toasty beverage and catching up with a friend. However, no one expects to be injured by their favorite hot drink, especially when the injury was caused by a defective cup or negligence on the part of the coffee shop. When these unfortunate accidents happen, those responsible can be held accountable through a New Hampshire personal injury lawsuit.

In a recent appellate opinion, a plaintiff sued a major coffee retailer after spilling a cup of hot tea she purchased from the retailer’s store, suffering significant second-degree burns. Under a theory of product liability and negligence, the plaintiff alleged that the defendant’s cup was defective.

According to the court’s opinion, the plaintiff ordered two cups of hot tea for herself and a friend on the day of the incident. When the drinks were ready, each drink had a lid and was “double-cupped,” meaning the cup containing the drink was inserted into a second empty cup. Neither drink had a sleeve around the outside cup. When the plaintiff picked up the drinks, she noticed that they were extremely hot, and attempted to drink from the cup while seated and leaning forward to take a sip. Unfortunately, her chair pushed forward unexpectedly, and she grabbed onto the table to maintain her balance, resulting in the drink spilling onto her thighs. The lower court ruled in favor of the defendant coffee retailer, and the plaintiff appealed.

Drunk Driving Remains Common in New Hampshire Despite Dangers

Published on: September 15, 2020 | By Peter Thompson & Associates

Drunk driving kills thousands of people every year and leads to a substantial number of corresponding arrests and charges. Even in states like New Hampshire that have strict drunk-driving laws designed to prevent the frequency of such incidents, drunk driving accidents still remain common across the state. In fact, New Hampshire drunk driving accidents have ranked among the leading causes of fatal car accidents for years.

In a recent news article, New Hampshire state police arrested ten drivers during a drunk driving saturation patrol. During the DWI Saturation Patrol, 92 vehicles were stopped, and ten arrests were made. Four people were arrested on driving under the influence (DUI) charges, and one of them was a felon in possession of a stolen handgun, receiving stolen property, and conduct after the accident. Another who was arrested on an aggravated DUI and speeding charges also incurred an open container violation. Various other individuals were arrested on different charges in addition to DUI and DWI charges, ranging from theft to operating the vehicle without a valid license to breach of bail.

According to recent reports, the New Hampshire State Police have taken on a more aggressive role to prevent drunk driving throughout the state. Although New Hampshire has some of the most strictly enforced laws in the country to counteract and prevent drunk driving, the practice remains common across the state.

Proving Liability Following a New Hampshire U-Haul Accident

Published on: September 8, 2020 | By Peter Thompson & Associates

Throughout late summer and into early fall, the United States regularly sees a steady increase in U-Haul accidents. This increase typically coincides with students transitioning back onto college campuses. U-Haul accidents can result in serious injuries, death, and property damage. As such, New Hampshire motorists must understand their rights and responsibilities in these types of cases. Injury victims may be able to recover from various parties if they are involved in an accident with a U-Haul driver.

Despite their size and similarity to other trucks, the U.S. Department of Transportation (USDOT), does not recognize U-Hauls as commercial trucks. As a result, these trucks are not subject to the various safety rules, regulations, and oversight as other similar trucks. These companies typically invest a significant amount of time and money to ensure that their trucks are distinguished from commercial trucking vehicles. Even though these vehicles are involved in many fatal crashes every year, the major rental truck companies continue to successfully lobby against changing the classification of their vehicles.

Unlike commercial vehicles, the law does not require U-Haul drivers to obtain a commercial drivers’ license (CDL). Rental trucks benefit significantly from this exception, because their customers can easily rent a truck without jumping through various hoops. Further, since the law does not categorize these vehicles like commercial trucks, the companies can avoid thorough and costly inspections. As a result, many of their trucks have a substantial number of miles, and may not be in good working condition.

The Critical Elements and Requirements of a New Hampshire Car Accident Lawsuit

Published on: August 26, 2020 | By Peter Thompson & Associates

New Hampshire car accident victims have a variety of legal remedies to recover damages for the losses they suffered because of another motorist’s negligence. However, the law imposes strict deadlines and other requirements for injury victims pursuing these claims. Victims who fail to abide by these requirements may risk the dismissal of their case or an inadequate compensation award. New Hampshire car accident victims should contact an experienced attorney to assist them through this challenging process.

After an accident, New Hampshire drivers must report the crash in writing to the Division of Motor Vehicles (DMV) within 15 days. This applies in situations where any party suffered injuries or died in the accident, or if anyone suffered property damage over $1,000.

After receiving medical treatment, injury victims should promptly contact an attorney to discuss their rights and remedies. Quick action is critical to ensuring that a potential lawsuit complies with the state’s statute of limitations. The statute of limitations is the amount of time New Hampshire law allows victims to file a personal injury or wrongful death lawsuit against the at-fault party. The statute of limitations does not apply to insurance claims, as insurance companies provide their own specific reporting requirements. In most cases, insurance claims should be made as soon as possible, and usually no more than a few weeks after an accident. New Hampshire law generally provides that personal injury lawsuits must be filed within three years of the incident giving rise to the claim. However, there are certain exceptions to the statute of limitations. These exceptions only apply under a limited set of circumstances.

The Available Types of Damages Following a Major New Hampshire Car Accident

Published on: August 18, 2020 | By Peter Thompson & Associates

Every time a driver gets behind the wheel, there is a small chance that something will go terribly wrong. However, the risk of an accident occurring is often higher when certain external factors are at play. For example, dangerous road conditions, inclement weather, and other reckless or distracted drivers can all add to the daily dangers that drivers face.

In a recent news report, a local Manchester man is facing multiple charges following a major car accident. The man who caused the accident suffered from schizophrenia and allegedly threatened to kill his parents before stealing their SUV and crashing it. Local authorities on the scene reported that the stolen SUV exceeded 100 miles per hour several times before crashing into the rear of a Subaru Outback.

The collision sent the Subaru off the highway, rolling multiple times and injuring the driver and passengers. In the Subaru, all three individuals who were in the vehicle were transported to a local hospital for treatment of their injuries. The family’s dog was also transported to a local vet with life-threatening injuries.

Establishing Liability in Unusual New Hampshire Accidents

Published on: August 13, 2020 | By Peter Thompson & Associates

New Hampshire personal injury lawsuits can stem from all types of incidents, ranging from car accidents to slip and falls to defective products. However, in some cases, unusual accidents can lead to serious injuries or death. These cases are particularly challenging because there tends to be a lack of case law addressing the specific situation, and establishing liability may involve a complicated investigation. A New Hampshire personal injury attorney can help individuals in these situations determine their rights and remedies.

The law does not provide a distinct or clear-cut definition for the term unusual accident, but these accidents often arise after a series of unlikely events occurring around the same time. For example, a New Hampshire news report recently described an unusual incident. Firefighters were responding to a call that a woman suffered burns in a kitchen fire. While they were en route to the scene, the firefighters received another call that a pickup truck ran over a gas can, causing a fire.

Responders explained that when they arrived, they saw that three people experienced burns. The fire chief stated that a pickup truck driver ran over a gasoline can near the house of the woman they were initially responding to. The can was crushed, and the fuel spilled, and fumes entered an open window of the house. The pilot light on the stove ignited the fumes, burning the woman working near the stove. The woman ran into a lake while the other two victims worked to put out the fire.

FDA Recalls Dozens of Brands of Hand Sanitizers, Removing them from New Hampshire Shelves

Published on: August 5, 2020 | By Peter Thompson & Associates

As health experts recommend people wash their hands for at least 20 seconds and take other health precautions to avoid illness, products like hand sanitizer have become highly sought after during the COVID-19 pandemic. Because of this, many companies have increased production on hand sanitizers and disinfectants to meet this heightened need. However, in order to meet the demand, not all hand sanitizer manufacturers have created a safe product for consumers. According to a recent article, the U.S. Food and Drug Administration (FDA) recently recalled dozens of widely available hand sanitizers because they contain potentially deadly levels of wood alcohol. Product recalls like these can often result in serious injury to consumers, and may be the basis for a New Hampshire product liability claim.

The Centers for Disease Control and Prevention recommends using an alcohol-based sanitizer with at least 60% ethanol. However, many of the recalled products instead contain methanol, or wood alcohol. Methanol can be toxic when absorbed through the skin and may even cause blindness. Furthermore, it is often deadly if ingested.

Besides containing methanol, the recently recalled sanitizers are extremely dangerous because their labels are misleading, indicating the products contain ethanol rather than wood alcohol. Because of the labeling error, consumers are not able to tell whether they are buying hand sanitizer with methanol or ethanol. To help consumers ensure they do not use a dangerous product, the FDA maintains a list of recalled products on its website. Additionally, the FDA warns of products that claim to be “FDA-approved,” as no such label exists.

CDC Warns Consumers About Potentially Contaminated Salad, Highlighting the Importance of New Hampshire Products Liability Suits

Published on: July 28, 2020 | By Peter Thompson & Associates

Recently, the New York Times reported on a recall of bagged salad mixes that are thought to have caused an outbreak of an intestinal illness—cyclosporiasis—caused by a microscopic parasite. The Centers for Disease Control and Prevention (CDC) has warned consumers and retailers in eight states to stop buying and selling these mixes while the outbreak is investigated. More than 200 people reported eating the salad mixes before getting sick, and at least 23 have been hospitalized due to the illness. The outbreak seems to have started in mid-May, and has affected people from ages 16 to 92 years old. The story is an illustration of harms New Hampshire residents could face from contaminated grocery products.

Cyclosporiasis is caused by Cyclospora cayetanensis, which is a microscopic parasite that can contaminate both food and water. Symptoms of cyclosporiasis include cramping, diarrhea, and fatigue. Fortunately, the illness can be treated with an antibiotic, and some healthy people may recover on their own even without treatment. The first outbreak of the illness that was linked with food was reported in the 1990s, and scientists are still are not sure what caused it. However, 2020 is the third year in a row that has seen an outbreak during the warmer months. One food microbiologist who spoke to the New York Times stated that the outbreaks are likely due to the quality of water used to irrigate the produce, but that there are a lot of unknown variables.

Sometimes, when a New Hampshire resident gets sick, it is not clear what caused the sickness. It may be hard or even impossible for some to connect their illness to something specific they ate. That’s why New Hampshire residents who get unexpectedly sick should be on the lookout for both voluntarily and forced recalls of food products, and see if others in their house who did or did not eat certain products also get sick or not.

Tourists Are Responsible for Many New Hampshire Car Accidents

Published on: July 21, 2020 | By Peter Thompson & Associates

After a recent spike in New Hampshire traffic accidents, the state saw a welcome reprieve in 2019 when the rate of traffic accidents declined. Although the reduction in fatalities is certainly a positive, the state continues to experience a steady number of serious accidents. The National Highway Traffic Safety Administration (NHTSA) reports that most motor vehicle accidents occur on weekends at the end of the summer. Further, many New Hampshire car accidents occur on a popular tourism route from Lake Winnipesaukee to Mount Washington. Although it is not always possible to avoid accidents, New Hampshire motorists should take steps to avoid traveling on these densely-populated routes during high traffic periods. However, accidents are inevitable, and motorists who suffer injuries because of another’s negligence should contact a New Hampshire accident attorney to discuss their rights.

Accidents can occur for many reasons, including inexperienced drivers, motorists under the influence of drugs or alcohol, speeding, distraction, and drivers who are unfamiliar with particular roadways. Although no specific data exists regarding the number of tourists involved in New Hampshire accidents, anecdotal evidence suggests that many residents have been victims of motor vehicle accidents involving out-of-state drivers.

There are many reasons that tourists may cause an accident during the summer in New Hampshire. As odd as it may sound, many believe a leading reason to be tourists are often distracted by the scenery. Additionally, tourists are often unfamiliar with the roads and highways in New Hampshire, and are more easily caught off-guard by sudden curves, merging roadways and unmarked entrances. Of course, the common culprits of distracted and drowsy driving also play a role in these accidents, as tourists are in the car for long hours at a time. Although the state welcomes tourists, New Hampshire locals should be especially careful during the tourist season to avoid the potentially disastrous consequences of a car accident.

Recovering after a Major New Hampshire Motorcycle Accident

Published on: July 14, 2020 | By Peter Thompson & Associates

The Centers for Disease Control (CDC) reports that motorcycles accidents continue to rise throughout the country and in New Hampshire. Naturally, a rise in motorcyclists on the road has resulted in an increased rate of motorcycle accidents. Under New Hampshire law, motorcyclists who cause injuries to other motorists, passengers, or pedestrians, along with those who cause injuries to motorcyclists may be held liable for their negligence. Negligent parties may be responsible for injury victims’ medical bills, lost wages and benefits, property damage, and ongoing pain and suffering.

Cars and trucks are typically equipped with airbags, seat belts, and other safety features, but motorcycles do not have all of these safety features. The lack of protective features often causes motorcyclists to suffer serious injuries or death after an accident. CDC data reveals that statistics show that motorcyclists tend to sustain injuries to their legs, head, upper torso, and arms, despite using approved helmets and thick leather clothing. These injuries often coincide with traumatic brain injuries, concussions, and spinal cord injuries. Even with prompt treatment and aggressive therapy, many motorcyclists face life-long debilitating conditions that may impact their ability to work or maintain relationships.

Further, because of the nature of these accidents, police often encounter challenges when trying to recreate the scene of the accident and determine liability. In many cases, motorcycles and their riders are thrown into a position that makes it challenging to determine what caused the accident. Additionally, there is often a bias toward motorcyclists that can impact insurance payouts. However, a person’s choice of a vehicle does not reduce another person’s standard of care towards them, nor does it reduce a biker’s right to compensation.