If you have been injured in a slip and fall accident, it can seem like a straightforward situation to present to the judge: I fell because there was a puddle on the floor, and I was hurt. However, as with all legal procedures, the intricacies of proving your case are much more involved than such a simple approach.
This is why it is critical that anyone injured in a situation like this should seek help from a qualified New Hampshire personal injury attorney, who is familiar with cases like yours and can ensure that you have the greatest chance of success.
In slip and fall cases, there are two main points that need to be proved beyond a reasonable doubt: the owner of the property's liability, and damages occurring from your injury.
To prove liability, you and your attorney must show that the defendant, whether they are the owner of a business or private property did not take reasonable care of their property. The test of reasonable care is what the ordinary, prudent person would do under the same or similar circumstances. Did the defendant exercise reasonable care under all of the circumstances in the maintenance and operation of their property? A failure to fulfill this duty of reasonable care would result in legal fault if it were the cause of the accident. For instance, if you slip and fall on an un-shoveled, icy sidewalk following a snowstorm in front of a residence, you would argue that the owner should have known (because it snowed the night before) that a danger existed.
For damages, you need demonstrate that the injuries occurred as a direct result of this accident. These include both general and special damages, which can be evidenced through medical bills, reports from your employer and expert testimony regarding suffering you experienced due to the injury.