Slip and fall accidents are fairly common, but being common does not preclude them from being dangerous as well. According to the National Floor Safety Institute, slips and falls account for twelve percent of all fall injuries. While these accidents are not generally a leading cause of death, they are the leading cause of lost days of work and can be severely dangerous for the elderly.
Understanding the causes and legal nuance of slip and fall accidents can help clarify the injured party’s right to compensation. Slips and falls can cause significant damage, both physical and financial. Medical bills, lost pay, and the pain and suffering from injuries can all be contributing factors.
For more information on liability in a slip and fall case, consider speaking with an experienced New Hampshire personal injury lawyer from Friedman & Bresaw, PLLC. Schedule a consultation today by calling the office at (603) 707-4800.
New Hampshire Negligence Law
Understanding the particulars of a slip and fall accident in New Hampshire will likely involve an understanding of how negligence impacts liability. Several New Hampshire laws may affect these cases, specifically premises liability, duty of care, and modified comparative negligence.
Premises Liability
Premises liability is the understanding that the owner of a property is responsible for the safety and well-being of the guests on their property. This may apply to a private property owner inviting guests over for dinner, the operator of a franchise store, or even a manager at a warehouse.
The underlying principle is that the owner is responsible for any hazardous conditions on their property. As the owner and proprietor, they are expected by the law to maintain their property to a certain standard to protect the safety of anyone on said property.
Duty of Care
Duty of care refers to an expectation on a landowner to provide either a condition or service to the visitor. This may vary depending on the establishment in question and the nature of the property. For example, the owner of a retail store is expected to clean spills that could cause a slip and fall accident quickly and promptly, with proper signage. The expected duty of care is to protect and inform visitors of hazardous conditions that could lead to injury.
Modified Comparative Negligence
In addition to these, one must also understand the negligence guidelines of New Hampshire law. According to N.H. Rev. Stat. § 507:7-d, the injured party is entitled to compensation only if the fault of the offending party is greater than the fault of the injured party. This is called modified comparative negligence.
This means that the damages awarded to the defendant are reduced to the degree that they were responsible for the accident, up until the point where each party is considered equally at fault. For example, if the jury determines that the amount of damages owed is $50,000 and that the injured party was 20% at fault. That means the injured party will be awarded $40,000 in damages. However, if the injured party is any more than 50% at fault, they will not receive any compensation.
Types of Slip and Fall Accidents
There are two kinds of slip and fall accidents. Same-level slips and falls are generally more common and have a lower chance of severe injury. These occur when the fall is on a flat surface, such as when someone slips on a slick floor and falls or trips over an obstruction. Elevated level falls are much more serious, as there is a much higher potential for injury. Falling from a ladder, off a ledge, or into a loading dock are all examples of elevated-level slip and fall accidents.
For more information on the legal implications of different kinds of slip and fall accidents, consider speaking with a skilled personal injury attorney from Friedman & Bresaw, PLLC.
Do Slip and Fall Accidents Signal Negligence?
Generally, slip and fall accidents signal negligence on behalf of the owner. In most situations, the duty of care and premises liability statutes will place the burden of compensation on the landowner or company that operates the establishment. However, certain factors may negate this in a slip and fall case.
If the property owner can prove that the injured party was to blame for the injury, this may reduce the amount of damages awarded. For example, if the property owner can prove that the injured party was engaging in reckless behavior or ignoring posted signage, they may be able to reduce the damages owed. In addition, if the injured party assumed the risk of the activity or the danger was open and obvious, damages may be reduced.
Elements of a Slip and Fall Case
When building cases for slip and fall accidents, there are several factors to consider. The injured party must provide certain pieces of evidence to show that the property owner was reasonably responsible for the slip and fall accident, as well as avoiding any assumption that there was negligence on the part of the injured party.
Establishing Duty of Care
The first step in building a case for a slip and fall accident is to establish duty of care. The hazard that caused the slip and fall must be one that the property owner is reasonably expected to prevent. If it is not within the property owner’s legal duty to prevent the hazard that caused the accident, they may not be held fully liable.
Responsibility of the Property Owner
For the property owner to be held liable for slip and fall accidents, it must be clear that the property owner either caused the conditions that led to the fall or should have known about the conditions and prevented them. If these can be proven, there may be a greater chance of receiving full compensation.
Compiling Evidence
To help support this case, it is generally best to compile as much photographic and witness information. This may look like photographing the scene, any relevant signage, and the injury. In addition to these, medical statements, witness testimonies, and incident reports may all help in building a case for the negligence of the property owner.
Contact a New Hampshire Personal Injury Attorney
Slip and fall accidents can be dangerous, leading to injury and loss of pay due to missed work. Understanding the legal nuance of New Hampshire negligence statutes may be key to building a case that can help achieve compensation for damages. An experienced personal injury attorney from Friedman & Bresaw, PLLC may be able to assist with legal expertise in building this case. For more information, consider scheduling a consultation by calling the office at (603) 707-4800.
