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Date: 01-03-2024
Case Style:
Case Number: 1:2023cv00384
Judge: Andrea K Johnstone
Court: United States District Court for the District of New Hampshire (Merrimack County)
Plaintiff's Attorney:
Defendant's Attorney: Concord, New Hampshire insurance defense lawyer represented the Defendant.
Description: Concord, New Hampshire personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability theory.
New Hampshire premises liability law focuses on holding property owners accountable for injuries sustained on their property due to unsafe conditions. Let's dive into its key points:
Duty of Care:
Property owners owe a duty of care to all entrants, including:
Invitees (guests, customers, etc.)
Licensees (social guests, delivery workers, etc.)
Trespassers (unwanted visitors)
The level of care owed varies depending on the entrant's category.
Breach of Duty:
A property owner breaches their duty of care by:
Failing to maintain the premises in a reasonably safe condition
Failing to warn of known or reasonably foreseeable dangers
Taking inadequate precautions to protect against foreseeable dangers
Causation and Damages:
The injured person must prove:
The property owner's breach of duty caused their injury
They suffered actual damages (medical bills, lost wages, pain and suffering)
Types of Premises Liability Claims:
Slip and fall accidents
Falling objects
Negligent security
Inadequate lighting
Defective conditions
Dog bites
Unique Aspects of New Hampshire Law:
Open and obvious dangers: Generally, property owners are not liable for injuries caused by open and obvious dangers that a reasonable person would avoid.
Recreational immunity: Landowners may have limited liability for injuries sustained on recreational property, like ski slopes or hiking trails.
Statute of limitations: The deadline to file a premises liability lawsuit is three years from the date of the injury.
Seeking Legal Counsel:
Consulting an experienced personal injury attorney familiar with New Hampshire premises liability law is crucial for understanding your rights and options.
Outcome: Settled for an undisclosed sum an dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: