Slip and fall accidents in New Hampshire often come down to whether the property owner acted reasonably to keep the area safe. Liability depends on the property type, the hazard, and the injured person’s actions. If you’ve been hurt, you may be entitled to compensation.
Table of Contents
- What Duty Do Property Owners Owe in New Hampshire?
- When Could an Injured Person Share the Blame?
- What Types of Damages Can You Recover After a Slip and Fall?
- What Should You Do If You’ve Been Hurt in a Slip and Fall in New Hampshire?
- FAQs
Slip and fall accidents can happen anywhere—a grocery store, a neighbor’s driveway, or even a public sidewalk. In New Hampshire, liability for these accidents isn’t automatic. The law looks at whether the property owner or occupier acted reasonably to prevent harm. If you were injured, understanding how liability works is the first step toward protecting your rights.
What Duty Do Property Owners Owe in New Hampshire?
In New Hampshire, property owners and occupiers have a legal responsibility to keep their premises reasonably safe. This duty applies to anyone lawfully on the property, including customers, tenants, and invited guests. The law doesn’t require perfection, owners aren’t expected to prevent every accident, but it does require them to act as a reasonably careful person would under the circumstances.
For businesses, that often means conducting regular inspections to spot hazards and addressing them quickly. A restaurant should mop up a spilled drink within a reasonable amount of time and post a warning sign until the area is dry. A retail store should repair torn carpeting or uneven flooring before it creates a tripping hazard. Landlords must ensure stairwells, hallways, and walkways are properly maintained, especially in the winter when ice and snow can build up quickly.
Homeowners also owe duties to guests. If you invite someone to your home, you need to warn them about hidden dangers you know about, like a loose railing on the porch. If you don’t, and someone gets hurt, you may be held responsible.
Courts look at whether the owner knew about the hazard or whether they should have known about it by being reasonably attentive. If an unsafe condition existed for a long time without action, it becomes harder for the property owner to argue they acted responsibly. This constructive notice standard is often a key point in slip and fall cases.
When Could an Injured Person Share the Blame?
New Hampshire uses a modified comparative negligence system to determine liability in personal injury cases, including slip and falls. That means your compensation can be reduced if you contributed to the accident in some way. If you’re found more than 50 percent responsible, you won’t recover anything at all.
This rule matters because property owners and their insurance companies often argue that the injured person caused or worsened the accident. For example, if a store had a visible “Caution: Wet Floor” sign in place and you walked through the area without paying attention, a court may decide you share part of the blame. If you were looking at your phone instead of watching where you were going, that could also reduce your recovery.
Other situations can complicate liability. If you were trespassing, the property owner’s duty to you is much lower than if you were invited. Similarly, if you were wearing inappropriate footwear for the conditions—like slick-soled shoes on an icy walkway—that may factor into the analysis.
Comparative negligence doesn’t let property owners off the hook. If their conduct created a dangerous condition, they can still be held accountable for their share of the fault. An icy parking lot that wasn’t treated, poor lighting in a stairwell, or cluttered aisles in a store remain strong grounds for liability, even if you could have been more cautious.
Because every detail matters, documenting the conditions at the time of your fall is critical. Take photos of the hazard, ask for witness information, and report the accident promptly. These steps help protect you if the other side argues you were to blame.
When Could an Injured Person Share the Blame?
If a property owner is found liable, you may be entitled to compensation for a wide range of losses. These damages are meant to make you whole after the injury and can include:
- Medical expenses: Hospital bills, doctor visits, physical therapy, and future care
- Lost wages: Income lost from missing work, plus reduced earning capacity if your injury affects your ability to work long term
- Pain and suffering: Physical pain, emotional distress, and loss of enjoyment of life
Out-of-pocket costs: Transportation to medical appointments, home modifications, or other related expenses
Compensation in these cases often looks similar to what victims recover in Manchester slip and fall claims. Case results show that courts may also award damages for loss of consortium, which recognizes the impact of your injuries on your family relationships.
Calculating damages can be complex because it involves not only current costs but also the long-term impact of your injuries. That’s why pursuing a claim without legal guidance can leave you with less than you deserve.
What Should You Do If You’ve Been Hurt in a Slip and Fall in New Hampshire?
Slip and fall accidents in New Hampshire are serious matters. Liability depends on many factors, including the property owner’s actions and your own. If you’ve been injured, don’t wait to find out whether you may have a claim.
At Buckley Law Offices, we help injured people hold negligent property owners accountable. Contact us now to schedule a consultation with an experienced slip and fall accident attorney and learn why clients choose us. Contact us now at our offices in New Hampshire to schedule a consultation and learn how we can help you pursue the compensation you deserve.
FAQs
What is the most important factor in proving liability for a slip and fall?
Courts look at whether the property owner knew or should have known about the hazard and whether they acted reasonably to correct it. Constructive notice — the idea that a hazard existed long enough that the owner should have discovered it — often becomes key.
Does New Hampshire use comparative negligence in slip and fall cases?
Yes. Under New Hampshire’s modified comparative negligence rule, your compensation can be reduced if you share blame. If you are more than 50% at fault, you cannot recover damages.
What are examples of property owner negligence in slip and fall claims?
Examples include failing to salt icy walkways, not repairing uneven flooring, ignoring broken railings, or failing to post warning signs about known hazards like wet floors.
Can trespassers recover damages in New Hampshire slip and fall cases?
Generally, trespassers have fewer protections. Property owners owe less of a duty of care to trespassers, but some liability may still apply in specific circumstances.
What kinds of damages are most common in slip and fall claims?
Medical expenses, lost wages, pain and suffering, and out-of-pocket costs like transportation or home modifications are common. In some cases, loss of consortium may also be awarded.
How can injured people protect their rights after a slip and fall?
Document the hazard with photos, report the accident, seek medical care, and collect witness contact information. Acting quickly preserves critical evidence.
Why should I consult a lawyer after a slip and fall in New Hampshire?
Slip and fall liability laws are complex. An attorney can help investigate, handle insurance negotiations, and ensure you pursue the full compensation available.
