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Premises Liability Archives

Drunk driving cause of 3-car accident, according to police

Anytime one is involved in a car accident, New Hampshire law enforcement officers investigate what happened in an attempt to determine the facts and decide who or what ultimately caused the accident. As a part of this investigation, they analyze the accident site. In addition to this analysis, they talk to and observe those involved in an attempt to determine if drunk driving was a contributing factor.

Worker may have premises liability claim for non-work injuries

Most states, including New Hampshire, follow similar negligence principles in defining when a landowner is liable for damages to visitors injured on the owner's premises. When an employee is injured on the employer's premises, there may be an occasional dispute over whether workers' compensation covers the matter. If the employee was not working at the time of the accident, workers' comp will be ruled out, but the employee may nonetheless be able to make a claim for full tort damages under the legal theory of premises liability.

Premises liability decision granted in favor of injured tenant

Slip-and-fall cases in New Hampshire are part of the general category of personal injury claims that are referred to as premises liability claims. These cases generally relate to an owner's negligence over a dangerous condition that exists on the property, which results in personal injury to someone who is properly on the property. Sometimes, premises liability pertains to not providing sufficient security for business visitors who are on the property to shop or do business. A claim arises when that visitor suffers personal injury from the tortious and/or criminal actions of unauthorized third parties.

Premises liability case claims Walmart fell down on the job

Walmart remains one of the largest retail superstores anywhere in the country. The company has locations throughout the United States, including here in New Hampshire. With so many locations, it might not be surprising to hear that the retail giant faces a premises liability claim from a woman who suffered a slip-and-fall accident two years ago at a location in her area.

Premises liability does not extend to adjoining roadways

Can a business in New Hampshire or another state be held liable for not providing enough parking? Where a customer was killed walking to his car across a state highway after leaving a concert venue in an adjacent building, was the landowner liable to the deceased concert-goer?  One state appellate court has recently ruled that the business is not liable because there is no legal duty owed under premises liability law by the landowner to the business invitee.

Premises liability can follow slip or trip and fall accidents

According to the law, property owners in New Hampshire must take responsibility for the safety of any property where the public is allowed. Such facilities must be reasonably safe and free of obvious hazards. If any known hazards exist, it must be repaired or removed, or else, property owners must post clearly visible warning signs. Failing to take due care can lead to premises liability lawsuits.

Premises liability claim expected after fatal train crash

Last September, a 34-year-old mother dropped her 2-year-old toddler at the day care before going to the station to commute to work by train. New Hampshire residents likely remember the tragedy that followed. This was in another state, and, as the young mother stood on the platform along with hundreds of commuters, the train crashed into the station. A premises liability lawsuit is reported to follow this incident.

Cruise ship may have premises liability for slip and fall

Cruise lines are liable for negligent maintenance that leads to injuries to guests. Generally, the claim against a cruise ship for damages from a slip-and-fall accident will follow the same principles and procedures of a premises liability claim that occurs on land. This means that where a passenger slips and falls on a sticky but hard-to-perceive surface in the ship, she may collect damages if she prevails, just like in any similar tort case that occurs on land, including here in New Hampshire.

Premises liability claims filed for victims of teen club shooting

The key to a recovery in a premises liability claim in New Hampshire or elsewhere is usually the issue of foreseeability. The plaintiff will have a reasonable chance of recovering on a premises liability claim if it can be proved that the owner and/or operator had knowledge of the dangerous condition or reasonably should have known of it. This must be followed with proof of the owner's failure to use due care to protect or warn the patrons.

Premises liability law defines landowner duties owed to invitees

In New Hampshire and elsewhere, premises liability refers to the legal duty owed by business owners to compensate people lawfully on their premises who have suffered injury due to the owner's negligence. In the law of premises liability, the business owner owes its highest duty of care to business invitees. For example, this would include retail customers who go to a restaurant, a grocery store, a retail store in a mall, a concert venue and a wide variety of other business establishments.

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