Whether you are at a grocery store, someone else’s home, or on public property such as in a park, you should not have to worry about whether or not you are going to become hurt while there. Unfortunately, people become hurt on other people’s premises all the time. Slip and falls are the most common types of accidents that result in injuries, but there are others as well. Uneven flooring, falling objects, defective stairs or construction, and other hazards can all pose a serious risk of injury.
If you have been hurt while on someone else’s property due to someone else’s negligence, you should not have to pay for your own medical bills or experience any loss in wages if you cannot return to work. Our Concord premises liability lawyers can help you recover compensation for these losses so you can focus on getting better.
What is Premises Liability?
Premises liability is an area of personal injury law that stipulates that property owners must keep their premises in a condition that is safe for others to enter it. Under the premises liability laws of New Hampshire, if a person does enter someone else’s property and becomes hurt, the property owner can be held liable for paying monetary compensation for any of their losses.
Filing a premises liability claim may seem fairly straightforward, but that is not usually the case. A dangerous hazard on the property is not necessarily enough to recover compensation, known legally as damages. To claim the damages you deserve, you must show that the property owner knew of the hazard and did nothing to correct it; OR, that they should have known of the issue, but failed to adequately monitor their premises to discover the hazard. Essentially, you must show that the property owner was negligent, or that they failed to act in a reasonable manner that would keep others safe.
For example, if the steps to a property had a broken handrail, they could easily cause someone else to trip or slip and fall. In this case, the property owner likely knew, or should have known, about the dangerous condition and did nothing to discover or fix it. As such, the property owner could have a premises liability claim filed against them by the injured person.
Classification of Visitors
Not all visitors are classified in the same manner in premises liability cases. Essentially, this means property owners do not owe all visitors the same duty of care. Visitors to a premises will fall into one of three categories, which are as follows:
- Invitees: An invitee is any person who visits a property for the benefit of the property owner. For example, customers at a retail store are considered invitees because they are there to conduct business with the property owner. Invitees are owed the highest duty of care.
- Licensees: Anyone who visits a property for their own benefit is considered a licensee. For example, a door-to-door salesman or someone who visits a friend’s house for social reasons are both considered licensees.
- Trespassers: People who enter another person’s property unlawfully or without permission are considered trespassers. Property owners owe trespassers the lowest duty of care.
Generally speaking, the lower the duty of care owed to a visitor of a property, the harder it will be for an accident victim to recover damages. Still, there are times when even trespassers can file a claim against the property owner, so never discount your case until you have spoken to a Concord premises liability lawyer.
The Time Limit on Premises Liability Claims
If you have been injured on another person’s or business’s property, you likely have the right to claim financial compensation for your injuries and other losses. However, the statute of limitations is a very important law in these cases. The statute of limitations places a time limit of three years on these claims. If you do not resolve your claim or file a lawsuit within this time, the insurance company and the court will likely throw out your claim and you will not be able to recover any compensation at all.
There are some exceptions to the statute of limitations, but they are very limited. To protect your rights and ensure you receive the full damages you justly deserve, it is critical that you speak to a Concord premises liability lawyer as soon as possible.
Our Premises Liability Lawyer in Concord Can Provide Sound Legal Advice
You deserve to enter another person’s or business’s property without fear of being injured. If you have been hurt, our Concord premises liability lawyer at Sabbeth Law can prove your case so you obtain the full and fair settlement you are entitled to. Call us now or fill out our online form to schedule a free consultation and learn more about your legal options.
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”LUKE PARMENTER
“I could never ask for a better attorney, to fight for me, to believe in me, and have faith in me, than what I found in Mike Sabbeth, He doesn’t treat you like a client, he treats you as if you are one of his own family members, He will fight for you, with all he has, and is ALWAYS up front and honest with you about everything!”SANDRA DRUGE