Yes, you are legally permitted to sue for a slip and fall injury if the property owner’s negligence caused your accident. However, falling on someone else’s property is not enough for a valid claim. Many people are surprised to learn the law requires proof that the property owner was negligent.
This means you must demonstrate that the property owner knew, or should have reasonably known, about a dangerous condition, such as a wet floor, an icy walkway, or a broken step, and failed to address it or warn you about it. This is the core challenge in any slip and fall case. An experienced slip and fall lawyer can help you gather evidence and build your claim. Successfully proving this negligence is how you pursue compensation for your medical bills, lost wages, and pain and suffering.
If you have questions about a slip and fall incident, call the Coates Law Office for a clear explanation of your options. Our number is (603) 262-5766.
Key Takeaways for New Hampshire Slip and Fall Claims
- Negligence is the foundation of your claim. You must prove the property owner knew or should have known about a hazard and failed to act, as simply being injured on someone else’s property is not enough to win.
- Your own actions will be scrutinized. New Hampshire’s comparative fault rule means your compensation is reduced by your percentage of fault, and you recover nothing if you are 51% or more at fault.
- Strict deadlines apply. You generally have three years from the injury date to file a lawsuit, but claims against government properties have much shorter notice periods that require immediate action.
What Does It Actually Take to Win a Slip and Fall Case?
Your case doesn’t hinge on the fall itself, but on proving a specific set of facts known as premises liability. This is a legal concept that holds property owners responsible for unsafe conditions they fail to manage. To build a successful claim, we must show four things:
- A Duty of Care Was Owed: The property owner had a legal responsibility to keep the premises reasonably safe for visitors.
- The Duty Was Breached: The owner failed in that responsibility by creating or failing to fix a hazardous condition. For example, they ignored a spill for hours or knew a staircase was poorly lit but did nothing.
- The Breach Caused Your Injury: Your fall was a direct result of that specific hazard.
- You Suffered Damages: You incurred real losses, such as medical bills, lost income, and physical pain.
How Do You Prove a Property Owner Was Negligent?
The central question in these cases usually becomes: What did the property owner know and when did they know it? Our work focuses on finding clear evidence to answer this question. The answer typically falls into one of three categories.
Did the Owner Create the Dangerous Condition?
This is the most direct way to establish negligence. A common example is when a grocery store employee mops a floor but forgets to put out a “wet floor” sign, leading directly to an unsafe surface without any warning to shoppers.
Did the Owner Know About the Condition but Fail to Act?
This is known in legal terms as “actual notice.” It means the owner or an employee was directly aware of the hazard. An example would be a leaking freezer reported to a manager in the morning. If by the afternoon, no one has cleaned the resulting puddle and you slip, they had actual notice and failed to act.
Should the Owner Have Reasonably Known About the Condition?
This is called “constructive notice.” The law expects property owners to regularly inspect their premises for potential dangers. A broken piece of pavement on a walkway that has been there for months is a good example. Even if no one reported it, a reasonable owner should have discovered it through routine maintenance and repaired it.
To establish these points, we investigate thoroughly:
- Gathering Physical Evidence: We review incident reports, photos or videos of the scene, and property maintenance logs.
- Interviewing Witnesses: We speak with anyone who saw the fall or noticed the hazardous condition before your injury.
- Demonstrating the Link: We connect the owner’s failure to your injuries using your medical records and, when necessary, opinions from medical professionals.
Frequently Asked Questions About Slip and Fall Claims
Do I still have a case if the property owner says they didn’t know about the hazard?
Yes, you may still have a case. The standard isn’t just what the owner actually knew, but what they should have known through reasonable care and regular inspection of their property. This is the principle of constructive notice we mentioned earlier.
How long do I have to file a slip and fall lawsuit in New Hampshire?
In New Hampshire, the statute of limitations for most personal injury claims, including slip and falls, is three years from the date of the injury. If you fail to file a lawsuit within this period, you will lose your right to pursue compensation. You can find this law in the New Hampshire Statutes section RSA 508:4.
What if I fell on government property, like a public sidewalk or in a town building?
Claims against government entities in New Hampshire have much shorter deadlines and different procedural rules. You typically have to provide a formal notice of your claim within a very short period, sometimes just a few months. These cases require prompt action to protect your rights.
Should I accept the settlement offer from the insurance company?
The initial offer from an insurance company is usually far less than the full value of your claim. We recommend reviewing any offer with a legal representative before accepting. Once you accept an offer, you waive your right to pursue any further compensation for that injury, even if your medical condition worsens.
I’m worried about the cost. How much does it cost to hire a lawyer?
At Coates Law Office, we handle personal injury cases on a contingency fee basis. This means you pay no upfront fees. We only receive a fee if we successfully recover compensation for you. This arrangement allows you to seek legal help without financial risk.
Don’t Let Uncertainty Prevent You from Exploring Your Options
After a fall, it’s easy to second-guess yourself or assume you have no options. Don’t let questions about fault stop you from learning the facts. The property owner may have had a responsibility to keep you safe, and the law provides a path to hold them accountable when they fail.
Let us handle the legal process so you can focus on your recovery. For a straightforward assessment of your case, call the Coates Law Office at (603) 262-5766.