New Hampshire Personal Injury and Workers' Compensation Attorneys Press Release

Supreme Court Backs Injured Worker

Published:October 25, 2024/Last Modified:October 25, 2024/inAll Blog Posts, Company News, Dana K. Smith, John L. Ward, Personal Injury, Press Release

MANCHESTER, NH: On October 22, 2024, the New Hampshire Supreme Court issued a written decision on D’kwon Robinson v. 1 Bouchard Street Realty, LLC. The case involved an employee who was injured when he slipped and fell on untreated snow and ice while performing his job duties at his employer. The employer, New Hampshire Plastics, rented the property from 1 Bouchard Street Realty, LLC through a triple net lease – meaning the maintenance of the property was assigned to the tenant employer.

picture of New Hampshire supreme court front steps and front of bulding

The issue at the Supreme Court was whether the property owner, 1 Bouchard Street Realty, owed a duty of care to the injured worker (D’Kwon Robinson) to maintain the safety of the premises despite the triple net lease. At the Superior Court, summary judgment was granted in favor of the landlord, as the honorable judge found that 1 Bouchard Street Realty, LLC did not owe a duty of care to Mr. Robinson due to the lease agreement.

The New Hampshire Supreme Court disagreed. In reversing and remanding the case, the Supreme Court found that because Mr. Robinson himself was not a party to the triple-net lease agreement, the requirement by the employer to “keep the premises free from ice has no effect on the [landlord’s] duty to [Mr. Robinson] to maintain the property in a reasonably safe condition.” As a result, the case moves back to the Superior Court to allow Mr. Robinson to move forward on his claims.

While the ruling is limited to allowing Mr. Robinson to move forward on his claim against 1 Bouchard Street Realty, LLC (not whether the owner will be found negligent on the specific facts of the case), the case does ensure that individuals injured in a case where the duty of care has been delegated to a third party can pursue a claim against a potentially negligent property owner.

Mr. Robinson was represented by John L. Ward, Esq., from Ward Law Group, PLLC of Manchester, NH. Attorney Ward noted

“This is a big win for injured workers in New Hampshire. The decision by the Court protects Plaintiffs’ legal rights and is good, common sense New Hampshire law.”

Attorney Ward also noted that this was a team effort by all the attorneys at Ward Law Group, PLLC, who helped on the brief and oral argument preparation.

ABOUT WARD LAW GROUP: Ward Law Group, PLLC, a statewide practice, is headquartered in Manchester, NH and includes six satellite offices around the state and Massachusetts. The personal injury-based law firm also has an office on Main Street in Littleton, NH. With over sixty years of combined experience, the highly qualified team of attorneys and dedicated staff assist clients with their Personal Injury, Workers’ Compensation and Social Security Disability claims in addition to providing services for Probate and Estate Planning.

For more information on our firm, visit our website at www.wardlawnh.com or call (603) 232-5220. For all other inquiries, please contact our Marketing & Public Relations Manager, Deana Trombley at dtrombley@wardlawnh.com or (603) 444-5499.