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New Hampshire And Massachusetts

When can I file claims for a slip and fall accident?

On Behalf of | May 14, 2024 | Personal Injury

Icy sidewalks, wet floors, and uneven pavements are hazards that can turn a walk into a tumble in the blink of an eye. If you suffer a slip and fall injury on someone else’s property, you might wonder if you have a legal case.

Under New Hampshire’s premises liability law, property owners are responsible for maintaining a safe environment for visitors. If your fall was caused by their negligence, you could be entitled to compensation for medical expenses, lost wages, and pain and suffering.

What should I take into consideration?

Here’s a breakdown of points to consider for a slip-and-fall claim:

  • Statute of limitations: Don’t wait too long to file a claim. New Hampshire has a three-year statute of limitations for slip-and-fall lawsuits, meaning you have three years from the date of your fall to seek legal action.
  • Proving negligence: Proving the property owner’s negligence will anchor your case. You’ll need to show they either created the dangerous condition, like spilling liquid on the floor or knew about it but failed to take reasonable steps to clean it and warn visitors.
  • Modified comparative negligence: New Hampshire abides by a modified comparative negligence system. The court will reduce your compensation if you’re found partially responsible for falling. However, you won’t receive compensation if you’re deemed more than 50% at fault.

Remember to prioritize your safety. If you suffered from a slip and fall accident, seek medical care immediately to assess your condition, determine the severity of your injury and follow your doctor’s advice.

What should I do?

The details of your case will play a significant role in determining whether you have a claim.

Gather evidence. Provide proper documentation and proof, including receipts, photos or medical records. If the fall happened in a business or public place, request a copy of the incident report. If anyone saw the fall, get witness statements from them. You may also consider consulting an experienced personal injury professional to assist you in navigating the legal process and evaluating your case.

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