Premises Liability

New Hampshire and Massachusetts Premises Liability Lawyer

Speak with an Experienced Premises Liability Lawyer
in New Hampshire and Massachusetts

If you or a loved one has been injured or killed by a dangerous condition on private property or a dangerous condition in a public place, Buckley Law Offices would like to book you a free consultation to discuss your case. In our free consultation we can explain your rights and begin to outline the smartest course for you when it comes to pursuing legal action.

You may be eligible to receive compensation if you connect with an experienced and highly skilled New Hampshire and Massachusetts premises liability lawyer. Unlike in straightforward personal injury lawsuits such as car accidents, premises liability law can be complicated. Many new personal injury lawyers will accept these cases not understanding the full extent of premises liability law. Our knowledgeable premises liability team at Buckley Law Offices has been fighting for clients like you for over thirty years and our experience litigating complex premises liability cases speaks for itself. Whether your accident occurred at a theme park, a resort, the zoo, a friend’s home, a public sidewalk, or anywhere else, Buckley Law Offices has the resources and dedication necessary to secure maximum potential compensation for your injuries and suffering.

New Hampshire and Massachusetts Premises Liability Law

Hundreds of people are injured every year in New Hampshire and Massachusetts due to hazardous conditions on private and public property. Premises liability law exists for this reason. It stipulates that New Hampshire property owners are responsible for a duty of care, ensuring their grounds are free of obvious and potential hazards that may cause harm to visitors. Generally speaking, there are four types of visitors.

Types of Visitors in Premises Liability Law

  • Social Guests
  • Examples of social guests include friends or family who have been invited onto the premises by the owner for social reasons such as a party, intimate or non-intimate gathering, or event.

  • Seek Immediate Medical Attention
  • Examples of business patrons include individuals who were invited onto the property to do business or entered the property while it was open to the public in order to conduct business such as customers at a store or patrons at a public park.

  • Trespassers
  • Examples of trespassers include any criminal individual or individuals who were not invited onto the premises such as robbers, and also lawful “trespassers” such as squatters.

  • Licensees
  • Examples of licensees include individuals who are on the property after receiving consent from the property owner; this can include people such as postal workers, plumbers, electricians, etc.

This is applicable despite the type of property owned, including private homes, government owned property, and corporately or privately owned stores. If you have been injured on another person’s property due to no fault of your own, you may be eligible to be compensated for medical bills, pain and suffering, or wrongful death of a person you lost.

Types of Premises Liability Cases Seen Commonly in New Hampshire and Massachusetts

Though the premises liability cases we see in the news and on television largely consist of slip and fall cases, the scope of premises liability cases is much broader than portrayed. Buckley Law Offices has experience in premises liability lawsuits involving:

  • Amusement Park Injuries
  • Burns Caused by Food Service Negligence
  • Construction Site Accidents
  • Damaged or Missing Stairway Railings
  • Defective Road Design
  • Dog Bites and Animal Attacks
  • Electrocution and Fires
  • Elevator Accidents
  • Escalator Accidents
  • Fallen Tree Limbs
  • Inadequate Lighting
  • Improper Irrigation and Flooding
  • Negligent Security
  • Parking Lot Falls
  • Scaffolding Collapse
  • Sidewalk falls
  • Slip and Fall Accidents
  • Snow and Ice Accidents
  • Swimming Pool Accidents
  • Toxic Exposure

If you become the victim of an injury that was caused by the negligence of another person or entity, it is best that you consult with an experienced law firm as soon as possible. In no other matter is immediacy as important as it is when dealing with a personal injury case that involves premises liability.

Generally, in New Hampshire, property owners are responsible for exercising ordinary care to keep their premises free of dangerous conditions, or to take all reasonable precautions to warn them of dangerous conditions on the premises. If the owner fails to do this, then the injured party has to work to find a law firm and file a lawsuit. The time limit to do this (also called the statute of limitations) in New Hampshire is three years, but the right law firm will want to waste no time compiling a strong case.

premises liability attorney NH

How to Prove Liability and Negligence in a Premises Liability Lawsuit

New Hampshire requires premises liability lawsuits be filed within three years from the date of the accident in most cases. Speaking with a lawyer as quickly as possible is paramount to the success of your lawsuit.

To win a lawsuit involving premises liability, New Hampshire plaintiffs must prove at least these things:

  • The plaintiff was interacting with or on a property owned, leased, occupied, or controlled by the defendant.
  • The defendant failed to repair dangerous conditions or use reasonable care to prevent dangerous conditions from occurring on their property.
  • The plaintiff was injured.
  • The injury the plaintiff suffered was the result of the defendant’s failure to repair or prevent dangerous conditions, or to warn the plaintiff of the dangerous condition

Contact Buckley Law Offices to Speak with a New Hampshire or Massachusetts Premises Liability Lawyer

remises liability lawsuits are filed each and every day in New Hampshire. No matter where an injury occurred, we believe in holding liable parties responsible. When property owners, leasers, and occupants fail to maintain their premises, they raise the risk of injury for not only themselves but their guests.

If you have suffered an injury or lost a loved one due to negligence of a property owner or tenant, let us look over the details of your case. We will use over thirty years of experience in premises liability law and our well of resources to examine the specifics of your situation and determine whether or not you are eligible for compensation. Contact us to schedule your free consultation at your earliest convenience to speak with our premises liability law team.

Premises Liability Lawyer: Protecting Your Rights After an Injury on Dangerous Property

If you or a loved one has been injured due to hazardous conditions on someone else’s property, you may be entitled to compensation through a premises liability claim. Property owners have a legal duty to maintain a safe environment for visitors. When they fail to do so, and it results in an injury, you have the right to hold them accountable. As an experienced premises liability lawyer, I’m here to help you understand your legal rights and pursue the compensation you deserve.

What is Premises Liability?

Premises liability refers to the legal responsibility of property owners to maintain their premises in a safe condition for visitors. This legal concept applies to both private and public property, including residential homes, commercial buildings, parking lots, and even public parks. If a property owner’s negligence leads to an injury, they may be held liable for any resulting damages.

Common Types of Premises Liability Cases:

  1. Slip and Fall Accidents: These are some of the most common premises liability claims. Slip and fall accidents can occur due to wet floors, uneven surfaces, poor lighting, or obstacles left in walkways.
  2. Trip and Fall Accidents: Often caused by uneven flooring, loose rugs, or debris, trip and fall accidents can result in serious injuries such as broken bones or head trauma.
  3. Negligent Security: If you were assaulted or injured due to inadequate security measures (e.g., lack of proper lighting, broken locks, or absent security personnel), you may have a premises liability claim against the property owner.
  4. Dog Bites and Animal Attacks: If a property owner fails to control their pets and you are bitten or attacked, you can pursue compensation under premises liability law.
  5. Falling Objects: Merchandise falling from shelves in stores or objects falling from buildings can cause serious injuries. Property owners are responsible for ensuring that items are securely stored.
  6. Swimming Pool Accidents: If a pool area is not properly maintained or lacks adequate safety measures (e.g., fences or warnings), the property owner may be liable for any injuries that occur.
  7. Exposure to Toxic Substances: Hazardous conditions such as asbestos, mold, or chemical exposure can lead to serious health issues, and property owners can be held liable for not addressing these dangers.

How to Prove Negligence in a Premises Liability Case

To successfully win a premises liability case, you must prove that the property owner or occupier was negligent. This involves demonstrating the following elements:

  1. Duty of Care: The property owner had a duty to maintain a safe environment for visitors. This duty varies depending on the type of visitor (e.g., invitee, licensee, or trespasser).
  2. Breach of Duty: The property owner failed to uphold their duty of care. This could mean failing to repair a known hazard, not conducting regular inspections, or not providing adequate warnings about dangerous conditions.
  3. Causation: The property owner’s breach of duty directly caused your injury. You must show that the dangerous condition on the property was the direct cause of your accident and resulting injuries.
  4. Damages: You suffered damages as a result of the accident, such as medical expenses, lost wages, pain and suffering, or loss of enjoyment of life.

An experienced premises liability attorney will know how to gather the necessary evidence, consult with experts, and build a strong case that proves the property owner’s negligence.

Understanding Premises Liability in New Hampshire

New Hampshire has specific laws and regulations that govern premises liability cases. Understanding these laws is crucial to building a strong claim and securing fair compensation.

  • Statute of Limitations
    The statute of limitations for filing a premises liability claim in New Hampshire is generally three years from the date of the injury. If you do not file a lawsuit within this timeframe, you may lose your right to pursue compensation.
  • Comparative Fault RuleNew Hampshire follows a modified comparative fault rule. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. If you are more than 50% at fault, you may be barred from recovering any damages.

Duty of Care for Different Types of Visitors

New Hampshire law distinguishes between different types of visitors to a property:

  • Invitees: People who are invited onto the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees and must regularly inspect the premises for potential hazards.
  • Licensees: People who enter the property for their own purposes with the owner’s permission, such as social guests. Property owners must warn licensees of any known hazards that are not obvious.
  • Trespassers: People who enter the property without permission. Property owners do not owe a duty of care to trespassers except to avoid willful or wanton harm.

What Compensation Can You Pursue in a Premises Liability Claim?

Victims of premises liability accidents may be entitled to various forms of compensation, including:

  • Medical Expenses: Covers current and future medical bills related to the injury, including hospital visits, surgeries, physical therapy, and medications.
  • Lost Wages: Compensation for lost income if you are unable to work while recovering from the injury.
  • Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by the accident.
  • Loss of Enjoyment of Life: Compensation if the injury has diminished your ability to enjoy activities or hobbies you once loved.
  • Permanent Disability: Compensation for permanent disabilities or disfigurement resulting from the injury.
  • Property Damage: Reimbursement for any personal property damaged in the accident.

Steps to Take After a Premises Liability Accident

Taking the right steps after a premises liability accident can help protect your rights and strengthen your case:

  1. Seek Medical Attention Immediately: Always see a doctor after an accident, even if you feel fine. Some injuries may not show symptoms right away, and having medical documentation is crucial for your claim.
  2. Document the Scene: Take photographs or videos of the accident scene, including the hazard that caused your injury. Get contact information from any witnesses.
  3. Report the Accident: Notify the property owner or manager about the accident and ask them to create an incident report. Request a copy of this report for your records.
  4. Consult a Premises Liability Lawyer: Contact a premises liability lawyer as soon as possible to discuss your case and understand your legal options.

Frequently Asked Questions (FAQs)
About Spinal Cord Injury Claims in New Hampshire

How long do I have to file a premises liability claim?

You generally have three years from the date of the injury to file a claim in New Hampshire. It’s best to consult with an attorney as soon as possible to ensure you don’t miss any critical deadlines.

Can I file a claim if I was partially at fault for the accident?

Yes, under New Hampshire’s comparative fault rule, you can still file a claim if you are partially at fault, as long as you are not more than 50% at fault. Your compensation will be reduced by your percentage of fault.

What if the property owner claims they didn’t know about the hazard?

Property owners are expected to conduct regular inspections and maintain their premises in a safe condition. Your attorney can help investigate whether the owner should have known about the hazard and if they took reasonable steps to prevent accidents.

How is the value of my claim determined?

The value of your claim depends on factors such as the severity of your injuries, the impact on your daily life, medical expenses, and lost income. An experienced premises liability lawyer can help calculate a fair amount of compensation.

What should I do if my claim is denied?

If your claim is denied, contact a premises liability lawyer immediately. They can help you understand the reason for the denial and explore options for appealing the decision.

Contact a New Hampshire Premises Liability Lawyer for a Free Consultation

If you’ve been injured due to a dangerous condition on someone else’s property, don’t wait to seek legal assistance. As an experienced New Hampshire premises liability lawyer, I can help you navigate the complexities of your case, negotiate with insurance companies, and pursue the maximum compensation you deserve. Contact me, Dave Buckley, today for a free consultation to discuss your case and explore your legal options.

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