When a personal injury occurs as a result of a property condition, the injured party may be entitled to bring a claim against the property owner. Generally, property owners must ensure that their property does not pose any unreasonable hazard or risk of harm. Property owners must repair the hazards or at least warn visitors of the potential harm.

This standard even applies to family and friends. For example, if you invite friends over for dinner and your home is currently being remodeled and there are exposed nails, you must warn your friends about the nails and any other possible harm.

To prevail on a premises liability claim, the plaintiff must prove that:

• The defendant owned, leased, or somehow controlled the property;
• The defendant failed to use reasonable care to repair dangerous conditions on the property or warn about them;
• The plaintiff got hurt on the defendant’s property; and
• The defendant’s failure to repair or warn was the primary reason for the plaintiff’s injury.

New Hampshire law does not require the injury be entirely the defendant’s fault in order for the plaintiff to recover damages. The plaintiff can still recover damages if it is determined that the injury was partially their own fault. For example, if a court ruled that the accident was 30% the plaintiff’s fault, the plaintiff can still recover 70% of the total damages from the property owner.

Some examples of injuries that can occur include slip and falls, deck or porch collapses, swimming pool accidents, animal bites, fire or smoke injuries, etc.

If you are considering a premises liability action, or find yourself already involved in one, Wescott Law can help. The attorneys here have the knowledge and experience to help with all your personal injury matters.