We have all had that scary feeling in our stomach when slipping on ice. Living in the Northeast, every year, we live through the longest winter in the United States. By the time April arrives, we are more than ready for all of the ice to melt. Icy sidewalks are one of the leading causes of slip and fall accidents across the country. If you have suffered an injury from slipping and falling on ice in New Hampshire, you could be entitled to monetary compensation. Businesses have a legal duty to ensure safe conditions for their customers. Their duty includes inspecting for potentially hazardous conditions such as icy sidewalks.
Can I Recover Damages for Slipping and Falling on Ice in New Hampshire?
The answer is that it depends on the facts of your case. To succeed in a New Hampshire slip and fall personal injury lawsuit, you will need to prove several facts in court. First, you must prove that the property owner or manager had a duty to maintain the area on which you slipped. Does a business own the walkway on which you slipped? Who owns the parking lot in which you suffered an injury? Did you fall at a public park owned by the state of New Hampshire or by your town? If so, you may be able to bring a lawsuit against the party responsible for maintaining the area with dangerous conditions.
Second, you will need to prove that the responsible party who owed you a duty of care acted negligently. The responsible party has a duty of reasonable care to maintain the area through clearing the snow, salting, and sanding it. If the business knew that the sidewalk becomes dangerously icy and failed to take measures to remove the dangerous condition, they breached their duty.
A slip and fall plaintiff can recover economic damages to include the following:
- The cost of medical treatment
- Physical therapy costs
- Medical travel costs
- Lost wages.
Additionally, successful plaintiffs can recover for emotional pain and suffering caused by the injury. Even if you think that you only injured your back and it is not worth the hassle, it is still wise to speak with an attorney. Small back injuries can become more severe over time.
Potential Challenges in Bringing a Lawsuit for Slipping and Falling in a Snowy Area
The New Hampshire legislature recently passed a law that gives immunity to some groups that fail to reasonably salt and sand a property. If the state of New Hampshire certifies the business owner or the snow removal company, you will not be able to sue them.
Additionally, business owners and maintenance companies who failed to maintain the hazardous road or sidewalk often blame the injured victim. For this reason, we recommend taking pictures of the area on which you fell when the fall happened, if possible.