Who doesn’t love a good holiday party? If you’re planning a gathering at your home or business, it’s especially important to take extra precautions during New Hampshire’s cold and snowy winter months.

When a personal injury occurs as a result of a property condition (e.g., icy walkway, unplowed driveway), the injured party may be entitled to bring a claim against the property owner (premises liability). Generally, property owners must ensure that their property does not pose any unreasonable hazard or risk of harm. Property owners must repair any known hazards or at least warn visitors of the potential harm (i.e., “Watch out, the walkway may be icy and slippery.”).

This standard even applies to family and friends. For example, you invite a few friends over for a casual dinner. You’re deep into a multi-month home remodel, but the kitchen and dining room have been completed and you’re excited to show them off. The living room is still under construction and there are tools, equipment, exposed nails, and open walls. You must warn your friends about the nails and any other possible harm.

During this dinner party, the worst happens, and someone is seriously hurt at your home. Unfortunately, you are sued. Did you know that 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’s determined that the injury was partially their own fault. For example, if a court ruled that the accident was 30 percent the plaintiff’s fault, the plaintiff can still recover 70 percent of the total damages from the property owner.

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.

Other examples of injuries that commonly rise to the level of legal action include: slip and falls, deck or porch collapses, swimming pool accidents, animal bites, and fire or smoke injuries.

Before you plan that holiday gathering, be sure that your property–both inside and outside–is in good shape and that any potential for harm to your guests has been eliminated or communicated in advance of the event.

If you’re 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. Contact us today at info@wescottlawnh.com or (603) 524-2166.