Best Premises Liability Lawyers in New Hampshire

About Premises Liability Law in New Hampshire, United States

Premises liability law in New Hampshire governs the responsibility of property owners and occupiers when someone is injured on their property. These laws apply to a wide range of properties, including homes, businesses, public spaces, and even vacant land. If a person is hurt due to unsafe or defective conditions on someone else's property, they may be entitled to compensation for their injuries. New Hampshire's premises liability laws aim to balance the rights and responsibilities of both property owners and visitors, ensuring reasonable safety without placing unfair burdens on either party.

Why You May Need a Lawyer

Premises liability claims can be complicated and challenging to navigate without experienced legal assistance. Individuals may need a lawyer for several reasons, including:

• Understanding whether a property owner is legally responsible for their injuries
• Collecting and preserving crucial evidence, such as surveillance footage or witness statements
• Dealing with insurance companies that may try to minimize or deny a claim
• Accurately estimating the value of damages, including medical expenses, lost wages, and pain and suffering
• Filing a lawsuit within the appropriate time limits set by law
• Negotiating settlements or representing them in court if necessary

Typical situations where legal help may be needed include slip and fall accidents, injuries due to inadequate maintenance, dog bites, swimming pool accidents, and injuries caused by inadequate security on commercial properties.

Local Laws Overview

There are several important aspects of New Hampshire premises liability law to keep in mind:

• Status of the Visitor: New Hampshire law distinguishes between invitees, licensees, and trespassers. The duty a property owner owes to a visitor depends on the visitor's status. Generally, higher duties are owed to invitees (such as customers in a store) and licensees (guests), while trespassers are owed a lesser duty of care.
• Comparative Fault: New Hampshire uses a modified comparative fault system. If the injured person is partly at fault for the accident, their compensation may be reduced by their percentage of fault. If they are more than 50 percent at fault, they may not recover damages.
• Notice Requirement: To be liable, a property owner must have known, or should have reasonably known, about the dangerous condition and failed to address it. Proving notice can be a critical part of the case.
• Statute of Limitations: Generally, premises liability claims in New Hampshire must be filed within three years from the date of the injury.
• Recreational Use: Property owners who allow the public to use their land for recreational purposes without charging a fee may have limited liability under New Hampshire law.

Frequently Asked Questions

What is considered a premises liability case?

A premises liability case arises when a person is injured due to an unsafe or defective condition on someone else's property. Typical examples include slips and falls, inadequate security, dog bites, or injuries resulting from poor maintenance.

What do I need to prove in a premises liability claim?

You generally need to prove that the property owner owed you a duty of care, that they breached that duty by failing to fix or warn about a dangerous condition, and that this breach caused your injuries and damages.

Can I file a premises liability claim if I was partly at fault for my injury?

Yes. New Hampshire's comparative fault rules allow you to recover damages as long as you are not more than 50 percent responsible for the accident. However, your compensation may be reduced by your share of fault.

Does it matter if I was trespassing on the property?

Property owners generally owe less of a duty to trespassers. However, there are exceptions, such as if the owner intentionally harms a trespasser or if a child is attracted onto the land by an artificial condition, sometimes called the "attractive nuisance" doctrine.

What should I do immediately after being injured on someone's property?

Seek medical attention, report the incident to the property owner or manager, document the scene and your injuries with photographs, collect witness information, and avoid making statements that admit fault. You should also contact a lawyer as soon as possible.

How long do I have to file a lawsuit?

In most cases, you have three years from the date of the injury to file a premises liability lawsuit in New Hampshire.

What if the accident happened on government property?

Claims against government entities may have additional notice requirements and shorter time limits. It is important to consult with a lawyer quickly if your injury occurred on city, county, or state property.

Can I sue for emotional distress after a premises liability injury?

You may be able to include damages for emotional distress as part of your claim, depending on the circumstances and the impact the injury has had on your mental health.

Who can be held liable in a premises liability case?

Possible defendants include property owners, tenants, property management companies, businesses, or anyone responsible for maintaining the premises where the injury occurred.

What compensation can I recover in a premises liability case?

You may be entitled to damages for medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and, in some cases, punitive damages if there was reckless conduct.

Additional Resources

For further information and assistance related to premises liability in New Hampshire, the following resources can be helpful:

• New Hampshire Judicial Branch - Information on civil claims and court procedures
• New Hampshire State Bar Association - Lawyer referral services and legal resources
• New Hampshire Department of Justice - Consumer protection and victim assistance programs
• Local county courthouses - Access to forms and legal filings
• Nonprofit organizations such as Legal Advice & Referral Center (LARC) and New Hampshire Legal Assistance (NHLA) for free or low-cost legal help

Next Steps

If you or a loved one has been injured on someone else's property in New Hampshire:

• Seek immediate medical attention to ensure your health and to document your injuries
• Report the incident to the property owner, manager, or relevant authority
• Document everything, including photos of the scene, your injuries, and contact information for witnesses
• Do not discuss fault or sign any waivers or settlements with insurance companies before consulting with a lawyer
• Contact a qualified premises liability attorney who understands New Hampshire law to review your case, explain your rights, and help you pursue any compensation you may deserve
• Keep all records and communications related to your injury and claim in a safe place for future reference

Taking swift action and seeking experienced legal guidance can be crucial in protecting your rights and maximizing your chances of a successful outcome.