The Belknap County premises liability lawyers at Friedman & Bresaw, PLLC have more than six decades of combined legal experience. We believe that when we accept a client’s case, their fight becomes our fight, whether they are facing unjust criminal charges, struggling to recover compensation for injuries caused by someone else’s negligence, or trying to rebuild their family life in the wake of a divorce. If you have been injured during a house showing while trying to find your new home in the Lakes Region, our personal injury team in Meredith is here to listen to your side of the story. We offer free initial consultations so that injured parties can get an honest assessment of their case without an upfront cost. Call our office at 603-707-4800 to schedule an appointment in Meredith or Laconia and get the benefit of a professional perspective.
Who May Be Responsible for a House Showing Accident?
In most instances, the party with primary responsibility for the safety of the premises during a house showing will be the seller of the home. Certain circumstances may extend a share of the liability to other parties, particularly the real estate agents showing or listing the property. The potential buyer’s own conduct while visiting the property will often play a role in determining the outcome.
Summary of Injuries at Home Showings and Liability Issues
Premises liability law in New Hampshire governs who may be legally responsible when a potential homebuyer is injured during a house showing, typically placing primary responsibility on the property owner while allowing for shared liability.
- Under premises liability, property owners and parties in control of a property owe a duty of reasonable care to visitors, including prospective buyers attending showings.
- Ouellette v. Blanchard established that all entrants are owed reasonable care, and visitor classification (invitee, licensee, trespasser) is only one factor in determining liability.
- RSA § 331-A:25-b and RSA § 331-A:25-c impose disclosure obligations on listing agents and buyer’s agents, which may create additional liability if known hazards are not disclosed.
Friedman & Bresaw, PLLC provides legal services related to premises liability matters for individuals in the Lakes Region, including Meredith and Laconia.
What Is Premises Liability?
Premises liability is both a legal principle and a type of tort case based on that principle. In simple terms, premises liability is the idea that those who own property have a legal duty to ensure their premises are safe for visitors. These owners may therefore be held liable for damages if they fall short in their fulfillment of that responsibility, and that failure leads to someone else’s harm.
“Property owner” is often construed broadly to cover not just those who are named on the deed of record, but parties such as tenants who have control over certain features of a property within a given time period, particularly when they have current, practical responsibility for causing or maintaining the specific conditions that lead to an accident that causes harm. Contrastively, in some premises liability matters, the category of “visitors” may be limited to individuals who had a “legitimate” purpose for being on the premises in the first place: invited guests, persons coming to conduct business, and so on.
Are Home Buyers Guests?
There are three categories of “visitor” recognized under New Hampshire premises liability law. The categories are:
- Invitees
- Licensees
- Trespassers
The categories are derived from common law principles. Traditionally, each tier is entitled to a different degree of “care” from those responsible for conditions on the premises. In New Hampshire, however, precedent set through case law adjusts how the care standard is applied.
Invitees
For the purpose of New Hampshire premises liability law, ‘invitee” means something different from just “someone who has received an invitation.” This category includes individuals who are present either to conduct business with the party responsible for the premises or to deliver some kind of benefit to them; under these terms, prospective buyers visiting a property for a house showing would normally qualify as invitees. In New Hampshire, the designation does not necessarily impose specific obligations beyond reasonable care on the owner of a property on which an invitee is injured, but courts may still consider the visitor’s reason for visiting the property when evaluating the merits of a case.
Licensees
Licensees are individuals who come onto a property for their own purposes or as social callers; social guests are typically considered licensees, rather than invitees, for premises liability considerations, even if the callers have received an explicit invitation from the property owner or host (frequently but not invariably the same person). Under common law principles, licensees may not be entitled to the same degree of care as invitees, but the property owner (in a house showing, the seller of the home) has a duty to warn these visitors of any known hazards on the premises.
New Hampshire’s placement of the care standard within a more comprehensive review of the factors present in a given case means that licensee status is not “dispositive,” a term which in legal contexts means “sufficient to decide the case” on its own. For a house showing, the picture can be further complicated by additional requirements that apply under state laws concerning the sale of real property. Sellers of residential properties are also subject to a statutory set of mandatory disclosures if they actually contract for the sale of a residential property developed for occupancy by one to four families, independent of any responsibility they may bear for the safety of the premises during house showings.
Trespassers
Those who trespass on a property constitute the category of visitors owed the least duty of care under traditional common law premises liability. However, it is the trespasser status that the New Hampshire Supreme Court decision in Ouellette v. Blanchard addressed directly. The court’s decision in this case set a new precedent for New Hampshire premises liability claims that has been applied from 1976 forward, with additional precedents refining that application as they accrued from cases decided along the way. Under the Ouellette standard, all entrants onto a property are owed “reasonable care” for their safety, and the trespasser status of the claimant may not be used as the sole justification for dismissing a premises liability claim. Instead, New Hampshire courts consider the totality of the situation, with the status of the visitor respective to the host or owner operating as only one of the factors that may affect liability in a particular case.
House Showings and Potential Liability
Because a seller presumably wants to display the property for sale to prospective buyers who might wish to purchase it, potential buyers who enter a home during a house showing will typically meet the legal expectations for “invitees” and thus be entitled to the maximal duty of care, to whatever extent a New Hampshire court considers manner of entry onto the property to be a significant factor in a particular case. The homeowners, accordingly, are typically the party most likely to be held liable in a premises liability case arising from a house showing. However, they are not necessarily the only party that may be held liable, depending on the circumstances of the case. Talking with a premises liability lawyer from Friedman & Bresaw, PLLC may help to clarify which parties are likely to have a share in the legal responsibility for injury during a house showing in your particular situation.
Listing Agents
If the seller in a particular instance is working with the services of a listing agent (a real estate agent who represents the party selling a property, rather than the party looking to purchase), then the listing agent has an obligation to make certain disclosures, pursuant to RSA § 331-A:25-b, to potential buyers. Typically 331-A:25-b disclosures are oriented toward the disclosure of conditions that could affect the value of the purchase; however, a listing agent who conceals a known defect that both reduces the value of a home and presents a risk of physical injury to those in it may be open to liability on two different fronts: first, for failure to meet a listing agent’s statutory disclosure obligations under 331-A:25-b, and second, for a personal injury claim under tort law. Importantly, the personal injury claim can only apply if someone actually suffers some form of harm; any liability associated with failure to make required statutory disclosures will apply regardless.
Buyer’s Agents
Because buyer’s agents also have statutory disclosure obligations mandated under RSA § 331-A:25-c, they have a related risk exposure similar to that of listing agents. Neither the seller’s nor the buyer’s agent is required to carry out independent inspection to discover potential problems, but both have a duty to disclosure mechanical, physical, environmental, and even regulatory conditions that might materially affect the sale of the property (keep in mind that the primary reason for codifying these obligations into law is to protect buyers against the potential for deceptive practices in real estate transactions).
Why Identifying All Potentially Liable Parties Matters
Correctly identifying all potentially liable parties can be especially important in a premises liability case arising from a house showing because the circumstances of a house showing can multiply the number of parties liable well beyond the homeowner. Under the right circumstances, when more than one party has a share in the responsibility for a premises liability accident, such as a slip and fall, then the case may bring up questions of joint vs. several liability as well as comparative fault.
Talk With a New Hampshire Premises Liability Lawyer
When a potential buyer is injured during a house showing, the primary liability is likely to fall on the owner who is selling the home. However, the responsibility of a property owner with respect to the safety of any visitor is limited, not absolute. The visitor’s own conduct and the foreseeability of the accident in which they were injured may both play a role in determining whether the homeowner is held liable, and for what percentage of the total damages. Additionally, certain circumstances can also distribute liability among multiple parties. To discuss the details of your own case with a Belknap County premises liability lawyer, reach out to the team at Friedman & Bresaw, PLLC to book a private consultation at no cost to you. Call our office in Meredith or Laconia at 603-707-4800 to get started.
Common FAQs About Premises Liability and House Showing Injuries in New Hampshire
The following FAQs address common legal questions related to premises liability, house showings, and potential liability under New Hampshire law.
Who Is Liable If Someone Is Injured During A House Showing In New Hampshire?
In New Hampshire premises liability cases, the property owner selling the home is typically liable for injuries during a house showing, although real estate agents or visitors may share responsibility depending on circumstances. Liability depends on factors such as property control, hazard awareness, and whether reasonable care was exercised under New Hampshire law.
Are Home Buyers Considered Invitees During A House Showing?
Home buyers attending house showings in New Hampshire are generally considered invitees because they enter the property for a business purpose that benefits the seller. Invitee status may influence how courts evaluate reasonable care, although New Hampshire law considers multiple factors beyond classification.
How Did Ouellette v. Blanchard Change Premises Liability In New Hampshire?
The New Hampshire Supreme Court decision in Ouellette v. Blanchard established that all property entrants are owed reasonable care, reducing the importance of visitor classification in determining liability. Courts now evaluate the totality of circumstances, rather than relying solely on invitee, licensee, or trespasser status.
What Are Disclosure Requirements For Real Estate Agents In New Hampshire?
Disclosure requirements under RSA § 331-A:25-b and RSA § 331-A:25-c require listing agents and buyer’s agents to disclose known material defects affecting property value. These statutes aim to prevent deceptive practices and ensure buyers are informed about mechanical, environmental, or regulatory issues, but the disclosure expectation can inform the development of a personal injury case when known, undisclosed issues create a safety risk that leads to injury.
Why Is It Important To Identify All Liable Parties In A Premises Liability Case?
Identifying all liable parties in a New Hampshire premises liability case is important because liability may be shared among property owners, agents, and others under joint and several liability principles. Proper identification ensures accurate allocation of fault and consideration of all contributing factors.
How Can Friedman & Bresaw, PLLC Assist With Premises Liability Claims?
Attorneys at Friedman & Bresaw, PLLC work to help individuals in New Hampshire understand premises liability claims, evaluate potential liability, and clarify legal options related to house showing injuries. Consider visiting with an experienced attorney at Friedman & Bresaw, PLLC to learn more about available legal paths.
