Premises Liability and Slip-and-Fall
Attorney in New Hampshire
Apis Law represents individuals injured on unsafe property throughout New Hampshire, including slip-and-fall injuries, snow-and-ice accidents, animal attacks, negligent maintenance, and hazardous conditions in commercial, residential, and public spaces. These cases require a detailed analysis of landowner duties, notice, and evidentiary standards under New Hampshire premises liability law.
Understanding Premises Liability in New Hampshire
New Hampshire law requires landowners, businesses, and property managers to maintain reasonably safe conditions for lawful visitors. When a dangerous condition is created, ignored, or inadequately addressed, liability may arise if someone is injured. The analysis focuses on:
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Whether the owner created the hazard;
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Whether the owner knew or should have known of the dangerous condition;
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Whether reasonable steps were taken to correct or warn of the hazard;
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The injured person’s own conduct under the comparative fault statute, RSA 507:7-d.
Premises liability also includes well-established doctrines such as constructive notice, recurrent hazard analysis, and the mode-of-operation rule used in self-service businesses. Each requires a careful review of surveillance footage, maintenance practices, incident reports, and witness statements.
Common Premises Liability Incidents
Winter conditions create significant hazards in parking lots, walkways, apartment complexes, and commercial entrances. Liability often depends on weather patterns, ice-melt timing, contractor practices, and the landowner’s overall approach to winter maintenance. Injuries can include fractures, traumatic brain injury, concussion, and spinal injury.
Interior Slip-and-Falls
Falls frequently occur inside stores, restaurants, and public buildings due to wet floors, spilled liquids, cleaning without signage, or unsafe transitions between flooring materials.
Retail and Grocery Store Hazards
Produce spills, leaking refrigeration units, and repeated hazards in self-service areas can trigger the mode-of-operation doctrine, reducing the burden of proving how long the hazard existed.
Unsafe Stairs and Railings
Broken steps, missing or loose handrails, and building-code violations contribute to preventable injuries. These cases may require analysis of structural integrity, lighting, and inspection history.
Apartment and Landlord Negligence
Claims arise when landlords fail to maintain common areas, lighting, walkways, and structural components. Tenants and visitors are entitled to safe, reasonably maintained premises.
Legal Challenges in Slip-and-Fall Cases
Premises liability matters require precise evidentiary development. Key issues include:
• Notice: Proving how long the hazardous condition existed.
• Surveillance Footage: Determining whether video exists and ensuring preservation before routine deletion.
• Maintenance Logs: Reviewing snow-treatment logs, inspection records, and cleaning schedules.
• Witness Accounts: Identifying individuals who observed the hazard or the fall.
• Medical Causation: Establishing injury severity through orthopedic, neurological, or emergency-care records.
• Comparative Fault: Anticipating insurer arguments that the injured party failed to observe the hazard.
• Building Codes: International building codes for business and residential structures are key to establishing property owner duties.
Insurers frequently attempt to minimize liability by arguing a lack of notice or shifting blame to the injured person. These arguments require a focused review of the evidence and the property owner’s actual maintenance practices.
Apis Law’s Approach to Premises Liability Litigation
Apis Law conducts a methodical investigation from the outset. The process includes:
• Immediate evidence preservation, including letters requesting surveillance retention;
• Site inspections documenting weather conditions, lighting, structural details, and surface defects;
• Collection and analysis of maintenance logs, snow-removal contracts, and inspection records;
• Review of 911 calls, witness statements, and incident reports;
• Coordination with orthopedic, biomechanical, or engineering experts when appropriate;
• Strategic litigation focused on establishing notice, challenging maintenance practices, and proving causation.
This approach ensures that each case proceeds with a clear evidentiary record and a focused strategy aligned with New Hampshire law. Claims must be asserted promptly to comply with the three-year statute of limitations.
Recent Case Insight
This case study explains how Apis Law secured a $275,000 settlement despite the absence of eyewitnesses, video evidence, or an OSHA investigation, and despite a six-year delay in reconstructing key facts. The result was achieved through extensive litigation, including nine depositions, four experts, and the reduction of a nearly $197,000 workers’ compensation lien to $55,000, thereby substantially increasing the client’s net recovery.
Apis Law represented a tradesperson who suffered a severe leg injury when more than 700 pounds of tempered-glass panels collapsed inside an unfinished hotel room on a multi-employer construction project. With no witnesses, no surveillance footage, and construction progressing rapidly after the incident, the case required a complete reconstruction of the hazard through documents, architectural plans, safety records, and multidisciplinary expert analysis. Defense attempts to shift the blame were countered through physics modeling, safety expert testimony, and a detailed examination of the general contractor’s control over site conditions.
A complete narrative of the litigation strategy, expert modeling, lien reduction, and final settlement is available here: New Hampshire Construction Accident Lawyer Settlement. Additional case studies can be found on the Apis Law Case Results page for readers seeking further examples of how complex personal injury matters are litigated in New Hampshire.
Individuals injured in a slip-and-fall should take the following steps:
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Photograph the scene immediately, before conditions change.
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Report the incident in writing to the property owner or manager.
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Preserve footwear and clothing;
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Seek prompt medical evaluation and follow recommended treatment;
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Avoid giving statements to insurers until after legal consultation.
Documentation created in the hours following the incident is often critical to the outcome of a premises liability case.
Frequently Asked Questions
How do I know if a property owner is liable for a slip-and-fall injury?
Liability depends on whether the owner created, knew of, or should have known of the hazard and failed to correct or warn. Evidence such as surveillance, maintenance logs, weather data, and witness accounts is critical.
Are snow and ice injuries treated differently in New Hampshire?
Snow and ice cases require analysis of weather patterns, treatment timing, and contractor practices. Liability may arise when owners fail to take reasonable measures to address known freeze-thaw cycles.
What should I do immediately after a slip-and-fall?
Photograph the scene, report the incident in writing, preserve footwear, identify witnesses, and seek medical evaluation. Early documentation is essential to preserving your claim.
How long do I have to file a premises liability claim?
Photograph the scene, report the incident in writing, preserve footwear, identify witnesses, and seek medical evaluation. Early documentation is essential to preserving your claim.
What evidence matters most in slip-and-fall cases?
Surveillance footage, incident reports, maintenance records, snow and ice logs, and witness statements are central to establishing notice and fault.
Can I still recover compensation if I was partially at fault?
Yes. Under RSA 507:7-d, you may recover damages as long as your fault does not exceed 50%. Damages are reduced by your percentage of fault.
New Hampshire Litigation
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