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August 2017 Archives

McDonald's sued for premises liability after alleged assault

Property owners and their tenants in New Hampshire must maintain premises that will provide reasonable safety to visitors. Store owners or managers who fail to protect the safety of customers can expect to face premises liability lawsuits. This is what happened after an alleged assault at a branch of McDonald's in another state.

Workers' compensation and 3rd-party claim may follow truck crash

Drivers of dump trucks and other big rigs face many risks on the roads, particularly in mountainous states like New Hampshire. They have to rely not only on their skills as competent drivers but also on the skills of the mechanics that are responsible for maintenance of brakes and other engine parts. If negligence during maintenance of the vehicle causes a malfunction that leads to an accident, the injured victims -- or families of deceased accident victims -- may have more than a workers' compensation claim.

Alleged drunk driving perp was reckless, tried to evade cops

One type of drunk driver in New Hampshire  has no interest in hiding his/her inebriation. He or she does not try to hide anything, and in fact usually makes the police engage in a chase prior to conceding to an arrest for drunk driving. A 26-year-old woman from Strafford apparently did just that recently when police responded to a call of an erratic driver.

Negligence per se may create liability in motorcycle accidents

The enjoyment of motorcycle driving in New Hampshire is always at peak popularity. It is an unfortunate hazard of operating a motorcycle, however, that a cycle is not as easily seen on the roadways by operators of larger vehicles. This creates many motorcycle accidents that could have been avoided. A good example of the phenomenon occurred again recently when a motorist made a left turn into the path of an oncoming motorcycle, creating the appearance that she did not even see an oncoming vehicle.

Police arrest car occupants for "loitering" and drug charges

Is the mere presence of a vehicle in a parking lot adjoining a public building at 2:55 a.m. enough to give the police reasonable suspicion that criminal activity is afoot and therefore make a stop of the vehicle? The answer will in the end likely depend on all of the details and circumstances surrounding the stop. These issues are certain to come up regarding the recent arrest of four persons for loitering and drug charges under similar circumstances in a New Hampshire town.

Mother faces 2 drunk driving offenses within 24 hours

As the number of DUI convictions rises on a person's record, the punishment becomes more drastic. When one is arrested for drunk driving with a minor passenger in the vehicle, the potential punishment similarly increases. This could become a problem for a 36-year-old mother who was arrested twice in New Hampshire within 24 hours for DWI. On the second arrest, she allegedly had her infant daughter in the vehicle.

Drug charges filed against 2 alleged opioid users in public parks

The public parks in Manchester were the scene for the arrest of two New Hampshire men in two recent separate incidents within 24 hours. In one case, the suspect was allegedly shooting heroin in open view in front of Bronstein Park. A police officer performed a consensual search and reportedly found a hypodermic needle with a substance consistent with heroin. Police arrested the man on drug charges, including possession, an outstanding warrant and a probation violation.

Car/truck drivers cause most motorcycle accidents by inattention

Contrary to public perception, most accidents involving motorcycles in New Hampshire and elsewhere are not the fault of the motorcycle operator. A certain perceptual failing exists that makes it difficult for larger vehicles to clearly observe cycles on the road prior to the occurrence of many motorcycle accidents. This may have been at least a partial factor in causing an event that occurred recently at a crosswalk in Laconia.

4 typical causes for motorcycle accidents

Motorcycle riders still face great risks out on New Hampshire roadways. In fact, an article from the Concord Monitor reported that the number of motorcycle accidents in 2015 rose significantly from the previous year. Unfortunately, many motorcycle accidents result in severe injuries or even death.

Crossover car accidents are caused by negligent/impaired drivers

Crossover accidents are among the most serious in New Hampshire and nationwide. These types of car accidents can be the most brutal and the most shocking because one of the vehicle operators is usually free of fault. Thus, when a negligent or impaired operator crosses the median or the center line and goes into oncoming traffic, there is not much that the non-negligent victim can do to stop the event from happening.

Man, his mother, charged with attempted murder, other felonies

Domestic disputes among New Hampshire residents can be so rancorous that a participant may occasionally get upset enough to want to have the other person eliminated. This can lead to a host of felonies being committed and charged against the accused perpetrator. Prison sentences in such matters are not lenient.

New law drops drug charges for less than .75 ounces of pot

In a matter of weeks, marijuana possession of three-quarters of an ounce or less will be a violation instead of a crime in New Hampshire. There is some consternation among law enforcement agencies regarding the task of distinguishing the weight of the pot possessed for purposes of knowing whether to file drug charges or a violation. Common sense dictates that the only certain way would be for officers in the field to carry weight machines around with them.

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