New Hampshire & Maine Premises Liability Attorney
Were you injured on someone else's property?
Premises liability is a specific area of law that concerns the obligations of land, property and business owners to provide safe and healthy conditions for guests and visitors. Generally, persons lawfully on the premises who experience injuries or illnesses on another person's property may be able to receive compensation through a personal injury claim. However, it must be proven that a premises owner's negligence, carelessness or failure to meet regulations and requirements directly resulted in an injury causing incident.
In order to clarify premises liability law and the rights of injured victims, it should be made clear that in order for this field of law to be applicable during claims, the following elements must be present:
The defendant in a premises liability claim is the owner or possessor of the land or premises on which an injury occurred. Depending on the circumstances involved, this may be a private residence or business.
Invitees or Licensees
Guests and visitors or public patrons can be legally defined as invitees. Licensees are individuals who are granted permission to enter a property for a specific reason. For example, this may include licensees who are permitted to enter a property by that may or may not be open to the general public, such as public service workers or technical laborers. In order to premises liability to apply, an injured victim must be an invitee or a licensee or otherwise legally on the premises, as trespassers are not usually protected under this area of law. There are some exceptions, however, especially in cases that involve young children.
Negligence or Wrongful Acts
All personal injury claims must establish negligence or a wrongful act committed by a premises owner or by a subordinate employee. In some cases, premises owners may be held responsible for injuries that are caused on the property by a third party, but these present very complex legal issues. An example may be situations involving assault and insufficient security. When negligence or wrongful acts can be conclusively proven, premises owners will be held liable for compensated injured victims. Also, where the owner has hired another to perform inherently dangerous work on the premises (for example blasting), the owner is liable for any injury caused by that work.
A few examples of the negligence and conditions for which premises owners can be held liable for injuries or illnesses include:
- Insufficient lighting
- Wet or slippery floors and slip and fall accidents
- Hazardous or toxic conditions
- Health and safety code violations
- Insufficient warnings or signs
- Poorly maintained walkways and equipment
- Inherently dangerous work
Discuss Your Case with a Personal Injury Lawyer
If you or a loved one has been injured on another's property, it is imperative that you consult legal aid as soon as possible. Swift action can allow our firm to conduct prompt investigations, preserve evidence, determine the extent of negligence involved, and fully evaluate the merits and potential of your personal injury claim.
Work with experienced lawyers who work vigorously on your behalf. Contact Shaheen & Gordon, P.A. today.
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“She was professional, thoughtful, and kept in constant contact throughout the litigation process.”- Tom R.
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Settlement in Wrongful Death Lawsuit $2 Million
D. Michael Noonan represented the parents of Jacob Goulet, a teen who died after being swept away in a storm drain, in a wrongful death case against the city of Nashua.
Pedestrian Run Over by Tractor Trailer Truck $1.7 Million
Pedestrian injured by tractor trailer truck making illegal U-turn received a settlement of $1,700,000.00 as compensation.
Settlement for Second-Floor Fall Victim $1.5 Million
A young man was injured in fall from unsafe second-floor sliding door received a settlement of $1,500,000.00 as compensation.
Motorcycle Passenger Struck by Car & Injured $1.25 Million
Woman passenger on a motorcycle injured in a car crash received $1,250,000.00 as compensation.
Motorcyclist Killed in Collision With Automobile $1.25 Million
Family receives $1,250,000.00 in compensation in wrongful death claim.
Settlement of Estate of Worker Killed by Electrocution $1.225 Million
Settlement was pieced together from four defendants, following the electrocution of a lineman for a cable construction company.
Recovered for Woman Exposed to Dangerous Drug $1.05 Million
A woman was harmed by the use of a dangerous drug received a settlement of $1,050,000.00 as compensation.
Arbitration Award for Woman Injured in Motor Vehicle Accident $1 Million
Attorney D. Michael Noonan successfully arbitrated this case for a woman seriously injured in a motor vehicle accident including serious leg injury and a mild traumatic brain injury.
Pedestrian vs. Automobile $699 Thousand
Elderly pedestrian walking on the sidewalk when an elderly female driver loses control of her vehicle driving up onto the sidewalk striking the pedestrian causing serious injuries to both legs.
Automobile vs. Tractor Trailer $550 Thousand
Tractor-trailer driving down a rural hill, Plaintiff driving up the hill on the opposite side of the road, a collision occurs near the centerline during a snow storm causing serious injuries to the Plaintiff.
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