New Hampshire Injury Lawyer Blog

What Is the Plaintiff’s Evidentiary Burden in a New Hampshire Slip and Fall Lawsuit?

Published on: February 19, 2020 | By Peter Thompson & Associates

New Hampshire slip and fall cases arise when a person suffers injuries after slipping and falling as a result of a dangerous or hazardous condition on another’s property. Slip and falls inside buildings typically occur because of unsafe conditions such as broken tiles, torn carpeting, insufficient lighting, narrow or steep stairs, or wet floors. Outdoor slip and fall accidents are often the result of dangerous conditions related to ice and snow, potholes, broken steps, or other hidden hazards. New Hampshire land and building owners have a responsibility to make sure their property is reasonably safe for those who enter their property.

Under premises liability laws, these owners may be responsible for injuries that occur on their property. New Hampshire slip and fall victims must meet their evidentiary burden if they wish to recover damages against a negligent property owner. To begin with, injury victims should identify all potentially liable parties and then determine whether the parties were negligent. Some likely responsible parties are building owners, occupiers, landlords, and property management companies.

New Hampshire slip and fall plaintiffs must typically prove one of two liability theories. They must establish that the property owner or agent in control of the property should have known about the dangerous condition. This requires the plaintiff to establish that a reasonable person would have known about the hazardous condition and had enough time to remedy the unsafe situation. The other theory requires a plaintiff to prove that the property owner or their agent created a dangerous condition. Under this theory, plaintiffs must show that it was foreseeable that an injury would result because of the defendant’s actions.

Infant Sleeper Product Liability Lawsuits in New Hampshire

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

Many popular baby product brands who sell infant recliners are receiving intense scrutiny after several babies have died while using these products. These products were designed with incorrect and unsafe beliefs about infant sleep, and as a result, many families have suffered traumatic losses. Under New Hampshire products liability laws, families whose babies have died using a baby infant sleeper may be entitled to monetary compensation for their damages.

Although, many of these companies boasted that these products were a useful remedy for infants who had sleeping difficulties because of acid reflux, experts contend that there is no scientific evidence that an incline is helpful for this condition. Further, the American Academy of Pediatrics (AAP) advises parents to abide by safe sleep guidelines. These guidelines include always placing infants on their backs on a flat, firm surface without any objects in the area. They report that deviating from these standards can result in suffocation and subsequent brain injury or death. Despite the AAP’s baby sleep guidelines, Fisher-Price continued to market its products as a “sleeper.”

In April 2019, the Consumer Products Safety Commission (CPSC) issued a consumer warning advising parents not to use their highly-reviewed Rock n’ Play infant sleeper. The CPSC, in conjunction with the AAP, urged the company to issue a recall following several reports that babies died while sleeping unrestrained in the recliner. Following intense pressure and negative exposure, the company voluntarily issued a recall, allowing customers to receive a voucher or refund for their product.

New Hampshire Landlord Liability for a Tenant’s Injuries

Published on: February 6, 2020 | By Peter Thompson & Associates

Under New Hampshire premises liability law, owners or occupiers of property can be liable for accidents and injuries that occur because of a dangerous condition on their property. Premises liability law mirrors general negligence principles, and, as such, victims must be able to establish that the individual or entity responsible for maintaining the property failed to address the hazardous condition reasonably.

Generally, New Hampshire law provides two ways for injury victims to establish liability in these cases. To recover for damages, plaintiffs must either prove that they suffered injuries because the defendant carelessly created a dangerous condition or because they failed to repair or warn the victim of the danger. The plaintiffs must be able to prove that the defendant had actual or constructive notice of the dangerous condition.

For example, recently, a national news source reported that a landlord was sentenced to prison after an illegal gas line on her property exploded. The explosion caused several injuries, two deaths, and two buildings to crumble. Reports indicate that the building’s landlord continued to rent and sublet units of the apartment complex, despite the gas company disapproving a gas line into the apartment complex. After tenants complained of smelling gas, the utility company turned off the gas. In response, the landlord began tapping gas from a neighboring building. The illegal system of pipes was hidden from gas company inspectors. The deadly explosion occurred when the landlord instructed two men to turn the gas back on after the gas company inspectors left the building.

New Hampshire Personal Injury Damages after the Filing of Criminal Charges

Published on: January 27, 2020 | By Peter Thompson & Associates

Some New Hampshire car accidents, such as drunk driving crashes, may result in criminal charges being filed against the at-fault party. The county prosecutor decides whether to bring criminal proceedings against a driver, and which charges to file. Criminal cases typically begin after an arrest or investigation, and these cases must be proven “beyond a reasonable doubt.” If a defendant is found guilty, the defendant may be sentenced to probation or incarceration, and may be required to pay various fines and penalties. However, in most situations, criminal cases do not provide any compensation to victims.

Unlike the criminal justice system, civil proceedings start when an accident victim files a complaint against the party or parties they believe to be responsible for their injuries. Plaintiffs must only prove their case under a “more likely than not” standard. Civil defendants are not entitled to an attorney, and consequences usually include monetary compensation for damages that the plaintiff suffered. Injury victims and their families often suffer long term financial consequences. In many cases, state victim aid falls short, and civil cases allow plaintiffs to recover damages for their medical bills, lost wages, and other associated losses.

For example, a recent news report sheds light on the financial burden that many families face after New Hampshire car accidents. A young woman died when her boyfriend, drunk at the time, crashed the vehicle she was riding in as a passenger. The young woman’s mother petitioned the state’s Victims’ Compensation Fund for assistance with funeral and medical expenses. However, the Fund denied her claim, stating that her daughter was partially responsible for the accident because she knew her boyfriend was under the influence when she got into the vehicle with him. This case is a prime example of issues that plaintiffs and their families often face after an accident.

Liability After A New Hampshire Accident With A Parked Car

Published on: January 22, 2020 | By Peter Thompson & Associates

Research indicates that there is an average of 6 million car accidents in the United States, and close to 100 people die in a car accident every day. A startling 20% of these accidents involve a parked or unoccupied vehicle. Although these accidents may seem to result in less damage and injuries, many of these collisions result in fatalities. For example, earlier this month, a 30-year-old man died in a New Hampshire accident with a parked car. Reports indicate that the man was driving south on a Rochester, New Hampshire road in the early morning hours when his Jeep swerved into the northbound lane. His Jeep slammed into a parked, unoccupied sedan and rolled over. The man was transported to a local hospital and died later that morning

As the above case illustrates, New Hampshire car accidents involving parked and unoccupied vehicles can still have disastrous consequences. New Hampshire, like most states, requires that drivers use reasonable care when operating their vehicles. Reasonable care means acting in a way that another similarly situated prudent person would. When a driver deviates from that standard of care and causes an accident, they may be held liable for any resulting injuries and damages. These individuals may be responsible for compensating injury victims for their economic and non-economic losses, including property damage, medical bills, loss of consortium, and pain and suffering.

New Hampshire drivers who are involved in an accident with a parked or occupied vehicle must take steps to identify themselves and mitigate any potential damage. After hitting a parked car, drivers should leave their identifying information, speak to witnesses, contact the police, and speak to their insurance company. In some instances, the driver will be liable for the accident and responsible for the damage they caused. In other situations, the owner or occupier of the parked car may be liable because they negligently or unsafely left their vehicle in a dangerous location.

New Hampshire Uninsured Motorist Claims

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

New Hampshire is unique in that it is one of the only states that does not require motorists to carry car insurance. In instances where a New Hampshire’s driver’s negligence results in property damage or bodily injury, the driver must pay for the other party’s damages. In some circumstances, the liable party refuses or cannot pay the costs; in those cases, the state will suspend the driver’s license until they can arrange a payment plan or obtain coverage. However, in some situations, the at-fault motorist may not pay, and New Hampshire drivers should retain an experienced car accident attorney to help them recover for their damages.

Although New Hampshire does not require motorists to obtain car insurance, they must still offer uninsured/underinsured motorist (UIM) coverage. They must allow drivers to purchase an amount that equals the driver’s liability coverage. This coverage generally covers the policyholder as a driver, pedestrian, or passenger in another vehicle. Additionally, it protects passengers and other authorized drivers. Some policies even apply to passengers that suffer injuries when the driver is an authorized driver in another vehicle. However, the insurance company’s main objective is their financial interest, and there are situations where they will deny coverage.

For instance, a state appellate court issued an opinion addressing issues that frequently arise in New Hampshire personal injury lawsuits and claims against insurance companies. In that case, a special needs child suffered abuse while he was a passenger on a school bus. He evoked his mother’s uninsured motorist provision to recover for the injuries he sustained because of the abuse. The insurance company refused to pay out damages and stated that the provision only applies to injuries that “arise out of the ownership, maintenance, or use” of an uninsured vehicle. The court ultimately found in favor of the insurance company and refused to cover the child’s injuries.

Winter Weather Leads to an Increase in New Hampshire Slip and Fall Accidents

Published on: January 6, 2020 | By Peter Thompson & Associates

Winter can be a fun and beautiful season, with many New Hampshire residents enjoying ice-skating, sledding, and the winter holidays. However, with winter comes winter weather, which is some of the most dangerous weather and causes many slip and fall accidents each season. Even just walking down the street can lead to a tragic accident; individuals might slip on built-up snow or hidden ice and fall, potentially suffering broken bones, spinal cord injuries, hip injuries, and more. And going inside does not necessarily lessen the risk of an accident. Often, floors in grocery stores can become slippery as customers walk through snow and bring it in on their shoes, where it melts and poses a slipping hazard. New Hampshire residents should be aware of the risks that winter weather poses and their options for legal recourse should they be injured.

Many people who slip and fall because of ice or snow do not consider filing a claim against the responsible party because they assume that the accident was their fault, and that they should have been more careful. However, there are many times when another party, typically the property owner, is responsible for maintaining the premises and ensuring that sidewalks and walkways are free from hazardous conditions, such as built-up ice or snow. Property owners are also responsible for maintaining safe walking conditions inside their buildings, avoiding slippery floors whenever possible. This legal doctrine is called premises liability, and it generally applies to private homeowners, businesses, and even rental properties in most situations. Therefore, when someone is injured because a homeowner failed to shovel their walkway, or a business failed to keep their floors dry and free of tracked-in snow, that person can typically bring a civil negligence lawsuit against the responsible party.

These lawsuits can be complicated, with property owners arguing that they did their best to avoid the hazard, that they had no way of knowing about it, or that they warned visitors about the danger. Many plaintiffs may be dissuaded from filing a claim, fearing that it could result in a long, drawn-out case, costing time and energy that they would rather reserve for healing and getting their life back on track. But often victims are saddled with costs after an accident, and they may struggle to pay back medical bills or account for lost wages. As a result, consulting a personal injury attorney to assist with the case may take some of the stress off the victim while still earning them compensation.

Texting While Driving Can Have Deadly Consequences in New Hampshire

Published on: December 27, 2019 | By Peter Thompson & Associates

According to the National Highway Traffic Safety Administration (NHTSA), close to 10 percent of fatal car accidents involve a distracted driver. Specifically, data suggested that six percent of all drivers involved in a deadly accident were distracted at the time of the crash, and nine percent of teenage drivers between 15 and 19 years old were distracted. Moreover, there were close to 600 non-occupants, such as pedestrians and bicyclists, who were killed by a distracted driver. Distracted drivers may be liable for New Hampshire car accidents caused by their negligent driving.

Distracted driving occurs whenever a driver diverts their attention from driving and paying attention to the road to something else. Common distracted driving behaviors include texting while driving, dialing a number on a cell phone, eating, changing the music on a device, watching a video, tending to passengers or animals, and fatigue. These behaviors can have potentially deadly consequences for everyone on the road.

For example, recently, a national news report described the harrowing details of a fatal accident that occurred because a driver was texting. A woman was texting her husband about their dinner plans when she rear-ended the car in front of her. As a result of the impact, the vehicle that she rear-ended crashed into a woman who was taking a walk while on a work break. Tragically, the pedestrian died a few days after the collision. The texting driver stated that she only looked down for a moment, and when she looked up, the car was right in front of her. A jury found the woman guilty of vehicular manslaughter, and she is facing up to 10 years in prison, in addition to possible civil claims.

Jessica’s Law Requires New Hampshire Motorists to Remove Snow and Ice from Vehicles

Published on: December 20, 2019 | By Peter Thompson & Associates

In 2002, New Hampshire lawmakers passed Jessica’s Law in response to the tragic death of a 20-year-old woman who died when ice flew off a moving truck, hitting another truck, which then collided with the young woman’s vehicle. The woman’s mother lobbied for the law to prevent other parents from having to suffer the tragedy that her family endured. The law allows police officers to fine drivers between $250 and $500 for first offenses, and $500 to $1,000 for subsequent violations. Moreover, drivers who fail to abide by this law and cause New Hampshire car accidents may face civil personal injury lawsuits as well. These negligent drivers may have to pay compensation for the damages that they caused.

These violations are taken seriously by police because the consequences of flying snow and ice can be deadly to New Hampshire drivers, motorists, and pedestrians. Flying snow and ice can cause property damage to other vehicles, vision obstruction, and loss of control. Statistics indicate that close to 2,000 deaths and 137,000 injuries occur each year related to icy and snowy road conditions. Snow and ice removal before traveling does not take much time and can go a long way toward preventing a potentially fatal situation.

In some cases, ice and snow accumulate while a driver is already on the road. To address these situations, safety experts recommend that drivers keep a roadside safety kit in their car. Some essential items in the kit include cables, blankets, ice scrapers, and kitty litter. These items can help drivers safely and quickly remove snow while they are on the go. Additionally, it is a good practice for drivers to check a vehicle’s brakes, batteries, lights, tires, and seat belts before the winter driving season.

New Hampshire Car Accidents Increase as Winter Weather Approaches

Published on: December 16, 2019 | By Peter Thompson & Associates

According to the U.S. Department of Transportation, inclement weather, including snow and ice, is responsible for over 1,800 deaths and 136,000 injuries each year. Some car accidents are not preventable; however, many occur because drivers, property owners, and pedestrians do not take appropriate precautions when driving or walking through snow and ice. The high rate of weather-related car accidents should serve as a warning to drivers that it is crucial to operate their vehicles safely during these weather conditions.

New Hampshire drivers should make sure to prepare their vehicles for winter conditions. According to the National Highway Traffic Safety Administration, some steps that drivers can take to avoid a weather-related car accident are to clear off headlights and windshields, remove snow from their car, make sure that their car has enough antifreeze, and periodically inspect their tires. Drivers should also check weather reports to prepare for the road conditions and consider alternative routes, since bridges and overpasses may become icy before other surfaces do. Furthermore, drivers should take steps to improve their visibility by keeping their headlights on. Most importantly, drivers should reduce their speed and keep a safe distance from the car in front of them. The winter season brings both higher rates of vehicle travel and treacherous weather conditions, so drivers must engage in these safe behaviors. Recent reports indicate that many cities are urging their residents to take additional precautions when traveling during the holiday season. Some are suggesting that residents use public transportation and evaluate whether travel is necessary or safe.

When New Hampshire drivers engage in unsafe driving behaviors, they may be liable for the injuries that their actions cause. Accidents can occur when snow and ice fly off car roofs, when a driver follows too closely, or when their excessive speed causes a collision. Additionally, New Hampshire has statutes in place that require property owners to exercise reasonable care in the maintenance of their property. This means that property owners that do not rely on commercial salt applicators must ensure that their property is salted for people visiting their property.