Premises Liability Attorneys in Dover
Injuries Caused by the Negligence of Property Owners
You want attorneys who understand the different types of slip and fall
accidents and can help you in getting a recovery. Insurance carriers for
supermarkets, convenience stores, and other companies are very aggressive
about trying to avoid responsibility for slip and fall accidents. You
need an attorney who can help you deal with injuries from falling because
of ice and snow and other hazardous conditions.
Remember, property owners have a duty and a responsibility to maintain
their premises in a safe condition. If they fail to do so, you need an
attorney who can help you achieve a recovery for a property owner’s
failure to be responsible in maintaining their property.
For example, you could be walking into a supermarket early in the morning
after a snow fall or after freezing rain has fallen. Sometimes supermarkets
hire plow contractors to salt and sand the premises. If they didn’t
get there in time for the store’s opening, you could be experiencing
a hazardous condition when you walk into the supermarket. Many clients
have been injured under circumstances like this, and then it becomes the
responsibility of the plowing contractor or the supermarket to take care
of the person injured because of their negligence.
Slip & Fall Accidents
Supermarkets sometimes do not make sure that there is proper removal of
moisture in the entrance area. There are often mats in the doorways of
various commercial establishments that are not properly maintained. Sometimes
they curl up, and store employees may not make sure that the mats haven’t
been folded or haven’t been altered as a result of continuing traffic.
This can create an unsafe condition, and if you are injured as a result
of such an unsafe condition, you need to make that your attorneys can
help you by getting a proper and complete recovery.
There may be a company that is supposed to plow the place where you work.
If they don’t stand up to their responsibility and make sure that
you have a safe ability to get in and out of your place of employment,
you may have both a
personal injury case against the plow contractor and a
workers’ compensation claim. A lawyer from Wyskiel, Boc, Tillinghast & Bolduc, P.A. can
help you with your personal injury case against the plowing contractor
and with a workers’ compensation case with your employer. Your lawyers
need to have an understanding of the facts of the slip and fall case to
make sure whoever didn’t stand up to their responsibility has to
be held responsible for your injuries.
Demanding Answers & Justice
You might live in a condominium association that contracts out for plowing.
If that plow company doesn’t show up on time and you go to work
and ice or snow hasn’t been properly taken care of, you could fall
and sustain a severe injury. People who slip and fall have severe head
injuries, shoulder injuries, arm injuries and often a variety of very
severe back injuries. Negligence in maintaining premises in a state like
New Hampshire is absolutely imperative and a slip and fall accident attorney
from Wyskiel, Boc, Tillinghast & Bolduc, P.A. can help you get the
recovery you deserve after someone has dropped the ball and failed in
Were You Injured Because of Someone’s Negligence?
Most personal-injury claims are based on a legal concept known as “negligence.”
Negligence is a concept not defined by a state or federal statute, but
by what is known as the “common law.” Essentially, common
law is legal principles developed through centuries of court decisions.
Negligence is the failure to use reasonable care.
A shopkeeper might be negligent if he fails to clear ice from the walkway
in front of his store and a customer slips and falls. If a driver rear
ends you because he was looking at his phone and not paying attention
to the road, he also might be negligent.
In New Hampshire. the legal elements of a “negligence” claim
are similar or identical to other states.
In order to be liable for negligence, the plaintiff (suing party) must
establish that the defendant (responsible party) owed them a “duty
of care.” In New Hampshire, the general rule is that every person
has a duty to refrain from causing personal injury and property damage
to third parties. For example, property owners have a duty to correct
or warn guests about dangerous conditions on their land, such as black
ice or hidden potholes. A person driving a car has a duty to other drivers
to drive safely. However, a person does not have a duty to save someone
else from harm, unless they of course cause that harm. Therefore, under
the common law, if a person’s house is on fire, an innocent bystander
would not have a legal duty to call the fire department.
Breach of Duty
In order to establish negligence, a plaintiff must then prove that the
defendant breached their duty to act as a reasonable person. What constitutes
“reasonable” is obviously difficult to define. For example,
a young child is held to a different standard than an adult.
To determine whether duty was breached, courts will try to compare the
defendant’s actions to what a fictional “average reasonable
person” would do in the same exact situation. For example, the average
reasonable person would not drink alcohol and then drive. Therefore, if
a defendant drinks and drives and causes a car accident, they have breached
their duty of care.
Caused Foreseeable Harm
Lastly, the plaintiff must prove that the defendant’s breach caused
foreseeable harm. Often, this is easy to prove: It is foreseeable that
driving drunk will cause a car accident. However, sometimes the connection
between the defendant’s actions and the harm caused is too distant
to constitute negligence.
For example, if a rotting railing on a homeowner’s deck fails and
a guest falls off onto the ground and breaks his shoulder, that is foreseeable,
and the homeowner might be negligent. However, if a guest falls off the
deck because of a rotting railing and is uninjured, but at that exact
moment a branch from a neighbor’s tree snaps and falls on top of
him, breaking his arm, the homeowner would not be liable. Although the
victim would not have been injured if the railing had been broken and
he had not been in that exact location when the branch snapped, it was
not foreseeable that this type of injury would occur due to a rotting
railing. Therefore, the homeowner would likely not be found liable for
the victim’s injuries.
Clearly, negligence is a difficult concept to grasp in all jurisdictions,
including New Hampshire. This overview is extremely simplified and ignores
many exceptions, special circumstances, and other complications.
Wyskiel, Boc, Tillinghast & Bolduc, P.A. attorneys typically handle
personal injury matters on a contingency fee basis. That means you do
not pay unless you win, and there is typically no up-front payment required.
We will negotiate aggressively on your behalf with insurance companies
to try and get you the settlement you deserve without resorting to a lawsuit.
If litigation becomes necessary, our decades of court experience and negotiating
skills are invaluable.
If you were injured and you believe it was due to the negligence of a person
contact the experienced attorneys at Wyskiel, Boc, Tillinghast and Bolduc, P. A. for a free evaluation.