When a Winter Slip-and-Fall Injury Becomes a Strong Negligence Claim in Manchester, NH

Winter in Manchester, New Hampshire brings icy roads, snowy sidewalks, and hazardous conditions that make slip-and-fall accidents more common. For many, these accidents are nothing more than a painful inconvenience, but for others, they can lead to serious injuries and long-term consequences. When someone suffers an injury due to these dangerous conditions, they may be entitled to compensation, especially if the injury occurred on someone else’s property. Slip-and-fall accidents in winter can result in a wide range of injuries, from sprains and broken bones to more severe injuries like concussions or fractures. In some cases, these injuries are so serious that they require medical treatment, and the individual may be unable to return to work for weeks or even months. The question then arises: when does a winter slip-and-fall injury become more than just an accident? When can it lead to a negligence claim?

What Is a Negligence Claim in Manchester, New Hampshire?

Negligence refers to the failure to take reasonable care to prevent harm to others. When you file a negligence claim after a slip-and-fall injury, you are essentially asserting that the property owner or occupier failed in their duty to maintain a safe environment, resulting in your injury. Under New Hampshire law, property owners have a duty to ensure that their premises are reasonably safe for visitors, including guests, tenants, and customers. This responsibility is especially critical during winter months when icy conditions increase the risk of accidents. In order to successfully pursue a negligence claim, you need to prove that the property owner’s negligence directly caused your injury. Let’s break down the essential components of a negligence claim and how they apply to winter slip-and-fall accidents.

The Four Elements of Negligence

In New Hampshire, to win a negligence claim, you must prove four key elements:

1. Duty of Care Property owners owe a duty of care to those who enter their premises. This means they must maintain their property in a way that prevents dangerous conditions. For example, if the property is open to the public, the owner must ensure that walkways are free of ice and snow, or that any hazards are clearly marked and avoidable.
2. Breach of Duty A breach occurs when a property owner fails to meet their duty of care. For instance, if a business owner neglects to salt a walkway after a snowstorm, or a homeowner fails to shovel their driveway after a heavy snowstorm, they have breached their duty of care. In these cases, the hazardous conditions on the property directly contribute to the risk of injury.
3. Causation To prove causation, you must demonstrate that the property owner’s negligence directly caused your fall. For example, if you slipped on an icy patch outside a restaurant that the owner had neglected to salt, the lack of salting directly led to your injury. You must also show that no other factors contributed to the accident, such as your own negligence.
4. Damages Finally, you must show that you sustained actual damages. These damages can be physical, emotional, or financial. For example, a slip-and-fall injury may require costly medical treatment or time off work. It is crucial to document all medical expenses, lost wages, and pain and suffering associated with the injury.

Common Winter Hazards That Lead to Slip-and-Fall Injuries

Winter weather in Manchester, New Hampshire can create several hazardous conditions that increase the risk of slip-and-fall accidents. These conditions include:

• Icy Sidewalks and Driveways: Freezing rain or melting snow can create slick surfaces that are difficult to see, especially at night or in low-visibility conditions. Property owners must take steps to remove ice by salting or sanding their walkways.
• Snow Build-up: Heavy snowfall can quickly accumulate on walkways, steps, or driveways, creating tripping hazards for pedestrians. Property owners are obligated to clear snow in a timely manner to prevent injuries.
• Poor Lighting: During the winter months, daylight hours are shorter, and poorly lit areas increase the risk of falls. Property owners should ensure that outdoor areas, such as stairs, ramps, and walkways, are properly illuminated.
• Unmarked Hazards: Puddles from melting snow or hidden ice patches can easily go unnoticed if they are not properly marked. Slip-and-fall injuries often result when these hazards are not clearly signaled.

Who Is Responsible for a Winter Slip-and-Fall Injury?

In New Hampshire, the responsibility for maintaining a safe environment falls on the property owner or occupier. However, determining liability in a slip-and-fall case is not always straightforward. Several parties may be held accountable, depending on the circumstances surrounding the injury.

1. Homeowners Homeowners are responsible for clearing snow and ice from their driveways, walkways, and any other areas where visitors may walk. If someone slips and falls on your property because you failed to remove ice or snow, you could be held liable for their injuries.
2. Businesses and Commercial Properties Business owners have a heightened responsibility to ensure the safety of their customers. If a business owner fails to keep their parking lot or entrance clear of ice or snow, and a customer falls, the business could be held liable for damages.
3. Municipalities In some cases, a slip-and-fall accident may occur on public property, such as a sidewalk or public parking lot. If the municipality failed to maintain the area and it caused an injury, you may be able to pursue a claim against the local government. However, government entities have sovereign immunity, which can make it more difficult to win a case.

What to Do After a Winter Slip-and-Fall Injury

If you are injured in a slip-and-fall accident, it’s important to take the right steps to protect your health and your potential claim. Here’s what you should do immediately after an accident:

• Seek Immediate Medical Attention Even if you think your injuries are minor, it’s important to seek medical attention right away. Some injuries, such as concussions or fractures, may not be immediately apparent.
• Report the Accident If the accident occurred at a business, notify the manager or owner. Make sure they document the incident. If the accident happened on private property, contact the property owner and report it.
• Collect Evidence If possible, take photos of the hazardous condition that caused the accident. Document any ice, snow, or unmarked hazards that were present. Gather contact information from any witnesses to the accident, as their testimony could be helpful in proving your case.
• Keep Track of Expenses Document all medical bills, lost wages, and other expenses related to your injury. This information will be critical when calculating the amount of damages you are entitled to.

Comparative Fault in Manchester, New Hampshire Slip-and-Fall Cases

New Hampshire follows a comparative fault rule when it comes to personal injury claims. This means that if you are partially responsible for your slip-and-fall accident, your compensation may be reduced based on your percentage of fault. For example, if you were walking too quickly or not paying attention when you fell, your compensation may be reduced by your share of the blame. However, even if you are partially at fault, you may still be entitled to compensation if the property owner is primarily responsible for the hazardous conditions.

The Importance of Legal Representation in Slip-and-Fall Cases

Slip-and-fall cases can be complicated, especially during the winter months when weather conditions play a major role. If you’ve been injured due to hazardous conditions on someone else’s property, it’s essential to consult with a personal injury attorney who can help you navigate the legal process. A skilled lawyer can:

• Investigate the circumstances of the accident.
• Collect evidence and witness statements.
• Negotiate with insurance companies.
• Represent you in court if necessary.

At Tenn And Tenn, PA, we offer free consultations and will work tirelessly to ensure that your rights are protected and that you receive fair compensation for your injuries. Winter slip-and-fall injuries can be severe, but they also offer the opportunity for compensation if the property owner was negligent. If you’ve suffered an injury due to unsafe conditions in Manchester, New Hampshire, it’s crucial to understand your rights and take the necessary steps to file a claim. Contact the experienced personal injury attorneys at Tenn And Tenn, PA to discuss your case and learn how we can help you recover damages for your injury.

To learn more about this subject click here: Should You File a Claim After A Slip And Fall Accident in NH