New Hampshire Premises Liability Lawyer

How does New Hampshire decide whether a property owner was careless?

New Hampshire courts generally ask whether the owner acted reasonably under all the circumstances. Rather than sorting visitors into rigid categories, the focus is on what a careful owner would have done given the risk, the use of the property and who was likely to be there.

That approach looks at practical questions. Was the hazard foreseeable? How long did it exist? How hard would it have been to fix or warn about it? Why was the injured person on the property? A person who entered without permission may still face a tougher case, but the reasonableness question is at the center.

Can I recover for a fall on ice in New Hampshire?

Often, yes, when the owner did not act reasonably. New Hampshire winters bring repeated freeze and thaw cycles, and the ice that forms from melting snow can be more dangerous than the snowstorm itself.

Common winter hazards include:

• Roof runoff that drips onto walkways and refreezes overnight.
• Plowed snow piles that melt across parking lots during the day and freeze at night.
• Untreated stairs and ramps at apartment buildings.
• Entryways without mats where tracked-in snow turns floors slick.

Owners are not expected to keep every surface clear during an active storm. But they can be responsible when ice sits for days, when drainage problems create recurring ice, or when they ignore complaints. Weather records, maintenance logs and snow removal contracts often decide these cases. A snow removal contractor may share responsibility.

What about injuries at lake cottages, ski lodges and seasonal businesses?

Seasonal properties carry their own risks. Owners must keep docks, decks, stairs and buildings reasonably safe, even when they are used only part of the year.

Common examples include:

• Rotted docks and decks at lake cottages and rentals.
• Broken railings and poor lighting at ski lodges and condos.
• Wet floors and crowded aisles at outlet and retail centers during peak seasons.
• Boardwalk and beach-area businesses in the Seacoast region with heavy summer crowds.

Seasonal staffing can contribute to maintenance gaps when new or temporary workers are not trained to inspect for hazards. Injuries at ski areas follow special rules that place many inherent risks of skiing on the skier. New Hampshire also limits landowner liability when land is opened to the public for recreation without charge.

Is a property owner liable for an assault in New Hampshire?

Sometimes, when the crime was foreseeable and the owner did not take reasonable steps to prevent it. Negligent security claims often involve bars, apartment complexes, hotels and parking areas.

Foreseeability usually comes from earlier similar incidents, police calls or obvious problems such as broken locks and dark stairwells. The person who committed the crime is also responsible, and a jury may divide fault among everyone involved.

How does comparative fault affect a New Hampshire fall case?

Your award is reduced by your share of fault, and you recover nothing if your share is greater than the defendants' combined fault. Owners in fall cases often argue the hazard was obvious.

Here is an example. You slip on ice from a leaking gutter at the entrance of a Concord office building and break your ankle. Your damages total $50,000. The owner argues you should have seen the ice. If a jury finds you 20% at fault, you receive $40,000. If it finds you 50% at fault, you receive $25,000. If it finds you 51% at fault, you receive nothing.

Photos taken right away, showing how hard the ice was to see, often decide these percentages.

What should I do after a fall on New Hampshire property?

Report the injury and document the hazard before it changes. Ice melts and spills are cleaned up quickly.

1. Tell the owner or manager and ask for an incident report.
2. Photograph the hazard, the area and your footwear.
3. Get names of witnesses.
4. Ask in writing that video be preserved.
5. Get medical care and keep records.
6. Talk with our team before speaking with the owner's insurer.

You generally have three years to file suit. If the property belongs to a town, city or the state, special rules for government claims may apply. Learn more on our premises liability practice page, our page on government and public property injury claims, and our New Hampshire injury law overview.