Premises Liability FAQs

A premises liability claim is a claim or lawsuit arising out of injuries caused by a harmful condition on someone else's property. Most often, premises liability claims involve slip and fall accidents that are caused by icy or wet conditions or debris. Premises liability claims include claims arising out of injuries inside buildings or in outdoor areas of a property, such as sidewalks and parking lots.

In New Hampshire, anyone who owns or occupies land must exercise reasonable care in the maintenance and operation of the property. If a property owner or occupier knows or should know of a dangerous condition that is present on the property but fails to remedy the condition or warn others about the condition, they may be held liable for any harm caused by the condition. Additionally, a property owner cannot avoid liability for a failure to adequately maintain a property by arguing that the duty was delegated to an independent contractor. Instead, the owner or occupier may be held liable for the independent contractor’s negligence.

Any direct evidence showing that the property owner or occupier knew of the dangers present on the property is helpful to establish liability. Typically, however, to prove that a property owner knew or should have known of a dangerous condition, you will need to rely on circumstantial evidence. For example, evidence of how long the dangerous condition was present can be helpful to establish that a property owner or occupier should have known of the condition. In some cases, surveillance footage may be available to help you prove your claim. Eyewitness testimony can also help show that the condition was present for a sufficient amount of time to allow the property owner or occupier to gain knowledge of the condition.

People who enter property owned by another person or entity are classified into three categories: trespassers, who are individuals not legally permitted to enter the property; licensees, who are permitted to enter the property by the owner or occupier; and invitees, who are there by the invitation of the property owner. In New Hampshire, property owners and occupiers owe a duty of care to anyone who enters their property. Thus, if you are injured on another party’s property, you may be able to recover damages regardless of why you were on the property.

If you lost a loved one in a tragically fatal accident on someone else’s property, you can file a wrongful death claim against the owner or occupier of the property if they were at fault for causing your loved one’s death. A family can bring a wrongful death claim if the victim could have brought a personal injury claim if they had survived. Some of the damages in these claims cover the victim’s medical costs, as well as their funeral and burial expenses. Other damages compensate the victim’s family members for the loss of their relationship with the victim.