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June 2016 Archives

Drug courts offer alternatives to those facing drug charges

New Hampshire is taking steps to enhance and expand its drug court programs. Drug courts have proved to be an effective alternative to mass incarceration of persons arrested on drug charges. At this time, the country, including New Hampshire, is reeling from the vast dimensions of an opioid drug epidemic that has caused overdoses and other deaths in the tens of thousands.

Premises liability issues raised over baby snatched by alligator

Most people are familiar with the recent reported abduction and drowning of a toddler by an alligator at an international resort. Despite the dramatic nature of the headlines here in New Hampshire and around the world, the case is even more important on the issue of the resort's monetary liability to the parents. The area of the law regarding these issues is called premises liability law.

Workers' compensation is payable to the family in a death case

When a worker suffers a workplace injury, he or she is generally covered by workers' compensation. Under the workers' compensation laws in New Hampshire and elsewhere, the worker's remedy of collecting wage benefits and medical expenses for a disabling injury under those laws is the exclusive way to collect from the employer. If third parties other than the employer were negligent in causing severe injury or death to the worker, even if it happened at work, a claim may be made against the third-party wrongdoer for traditional personal injury damages.

Concord woman arrested on alleged 2nd drunk driving offense

The punishment for a drunk driving offense increases in severity when certain factors are present. One of those factors is repeat offenses. A second conviction for drunk driving in New Hampshire will carry a minimum of 10 to 37 days of incarceration, depending on the age of the prior conviction.

Car accidents sometimes occur through visual misperceptions

Forensic experts often say that motorcycles are more difficult for other motorists to observe. There is something about the more diminutive stature of the motorcycle that makes it less apparent on the highways. That factor does seem to contribute to many car accidents involving motorcycles, both here in New Hampshire and elsewhere.

Premises liability: Alligator kills child at Disney facility

In New Hampshire and other states, property owners are responsible for making their premises reasonably safe. Obvious hazards must be removed or repaired. When the failure to meet these standards leads to the personal injury or death of another person, the property owner may have to face a premises liability claim. A tragic incident at a world-renowned resort facility in another state may lead to such a lawsuit.

Felony drug charges against pot grower could mean stiff sentence

Police in New Hampshire and in other states often use dogs to intercept mail that may be carrying drugs. That is how they arrested a 28-year-old man of Bedford recently on drug charges. The State Police Mobile Enforcement Team allegedly seized a suspicious package that was being sent to the suspect, after receiving a K-9-unit alert.

Workers' compensation: BBB promotes safe workplace environments

With June being National Safety Month, the Better Business Bureau encourages employees to make sure their work's infrastructure is safe and the equipment they use is in good condition. Compliance with the Occupational Safety and Health Act of 1970 that governs workplace safety in the private sector may also limit workers' compensation claims. Employers in New Hampshire and other states must prioritize workplace safety to protect the well-being of workers and reduce production loss due to workplace injuries.

Stay safe during Laconia motorcycle week

This week is Laconia Motorcycle Week, taking place from June 11 to 19. It is the oldest motorcycle rally in the world, having been in existence for 93 years. During this extraordinary week bikers from all over the country take in the beautiful scenery throughout New Hampshire. The goal is to celebrate riding, stay safe and start the summer motorcycle riding season off with a good time.

Woman held on felonies regarding 2 home invasions, others sought

Home invasions in New Hampshire and elsewhere are frightful offenses that the authorities take seriously and that generally carry stiff prison sentences. A 27-year-old woman has been arrested in connection with two recent home invasions in Rochester. She has been charged with two felonies, i.e., conspiracy to commit robbery and falsifying physical evidence. Authorities claim that the first invasion occurred on May 21 at 4:45 a.m.

Workers' compensation benefits are paid regardless of fault

The federal agency that monitors the American workplace, including in New Hampshire, is the Occupational Safety and Health Administration. The agency requires that employers follow numerous safety measures, including one that requires giving all workers personal protection equipment (PPE) that is suitable for a particular danger. This kind of protection can prevent some workplace accidents and thus reduce workers' compensation claims to some extent.

Suspects arrested near street scuffle may raise criminal defense

The job of the police is not easy when it comes to trying to control street scuffles and outbursts between young people who may or may not be associated with gang elements. It is also true that under the confusion and lightning-fast pace of events, that there is ample opportunity for the police to identify the wrong culprits or to arrest innocent bystanders. That is one reason why criminal defense counsel are critical forces in keeping a fair balance between enforcement and individual rights under New Hampshire and federal law.

Lawmaker arrested for felonies relating to his voting rights

Whenever the broad process of politics is involved directly or indirectly in the decision to arrest and prosecute, it can sometimes be a formula for repression of the rights of the accused and can set the stage to challenge the prosecution. A state representative who resigned last week has been arrested for the felonies of witness tampering and bribery. The conflict appears to revolve around a genuine mix-up over where he was supposed to vote in the New Hampshire primary election in February.

Car accidents resulting in death may open damages claims

Driving drunk is a serious enough offense for a driver who is involved in an accident. However, when the accident results in the death of an innocent victim, the offender will have a heavy criminal price to pay. A recent New Hampshire accident may illustrate the point about these kinds of car accidents. Authorities report that a woman was killed while driving on Interstate 89 when her vehicle was hit head-on by a vehicle going in the wrong direction and driven by a drunk driver.

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