Most people have taken an unexpected fall at some point in their life. These accidents are common, especially on slippery or wet surfaces. In some cases, a bruised ego is the only injury.
Unfortunately, not everyone is so lucky. Slip and fall accidents can result in severe personal injuries in many cases, especially if you land on your head or neck.
Many slip and fall injuries are entirely preventable. These accidents only occur due to the carelessness or recklessness of a property owner or manager. When a property owner fails to maintain safe premises or warn their guests of hidden hazards, they could face liability for the injuries.
If you were injured in a Nashua slip and fall accident, you could have a viable claim for financial compensation. Contact a Nashua slip and fall lawyer at Coates Law Office to learn more.
Nashua Slip & Fall Accident Guide
- Common Slip and Fall Accidents in Nashua
- Types of Property Where Slip and Fall Accidents Commonly Occur
- Injuries From a Slip and Fall in Nashua
- Establishing Liability in a New Hampshire Slip & Fall Case
- The Legal Process for a Slip and Fall Lawsuit in Nashua
- Statute of Limitations for Slip and Fall Cases in Nashua
- Compensation After a Nashua Slip and Fall Accident
- Contact Our Nashua Slip and Fall Attorneys
Common Slip and Fall Accidents in Nashua
Slip and fall accidents can occur anywhere, including private residences or businesses open to the public. Countless factors could result in a fall depending on the type of property. Some common factors that lead to a fall include:
- Bunched or loose carpet
- Icy pavement
- Spilled food or drinks
- Broken stairs
- Uneven flooring
- Potholes
- Missing banisters
- Poor lighting
Types of Property Where Slip and Fall Accidents Commonly Occur
Slip and fall accidents can happen anywhere, but certain types of properties are more prone to these incidents due to their nature, foot traffic, or potential hazards.
Here are some common locations for slip and fall accidents:
- Retail Stores and Supermarkets
- Slippery floors from spills or cleaning
- Cluttered aisles
- Loose mats or rugs
- Uneven flooring transitions
- Restaurants and Bars
- Wet floors in restrooms
- Food or drink spills
- Poorly lit areas
- Crowded walkways
- Office Buildings
- Freshly waxed or mopped floors
- Loose carpeting
- Electrical cords across walkways
- Unmarked steps or level changes
- Apartment Complexes and Residential Properties
- Icy walkways and parking lots
- Poor lighting in common areas
- Uneven sidewalks
- Poorly maintained staircases
- Hotels and Resorts
- Slippery bathroom floors
- Poorly maintained pool areas
- Uneven flooring between different surfaces
- Inadequate lighting in hallways
- Hospitals and Healthcare Facilities
- Wet floors from cleaning
- Cluttered hallways
- Uneven floor transitions
- Slippery entrances during inclement weather
- Schools and Universities
- Wet floors near entrances
- Poorly maintained sports facilities
- Crowded cafeterias
- Uneven pavement on campuses
- Public Parks and Recreational Areas
- Uneven walking trails
- Poorly maintained playground equipment
- Slippery surfaces around water features
- Hidden holes or tree roots
- Parking Lots and Garages
- Oil or fluid spills
- Uneven pavement or potholes
- Poor lighting
- Ice and snow accumulation
- Construction Sites
- Debris on walkways
- Uneven surfaces
- Inadequate warning signs
- Improperly secured scaffolding or ladders
Injuries From a Slip and Fall in Nashua
The injuries stemming from a slip and fall accident depend on how the fall occurs. Falling forward can often lead to injuries to the face or knees, while falling backward can lead to injuries to the back or neck.
However, the most severe injuries involve a person landing on their neck or head. Some injuries that commonly result from a slip and fall accident include:
- Concussions and other traumatic brain injuries
- Neck injuries
- Back injuries
- Paralysis
- Broken bones and bruises
- Cuts and lacerations
- Ankle sprains
- Tendon and ligament damage
- Shoulder injuries
- Wrist injuries
Whether your injuries are severe or minor, you could have a claim for compensation against the property owner or manager. An experienced New Hampshire slip & fall lawyer could assist you in recovering compensation on your claim.
Establishing Liability in a New Hampshire Slip & Fall Case
New Hampshire property owners owe reasonable care to all visitors. Under this standard, the property owner must maintain and operate the property safely. If a property owner fails to take reasonable care to prevent hazards on their property, a person injured on their property could seek monetary compensation.
In a slip and fall case, a plaintiff must establish two things before they can prevail at trial:
- First, they must establish that a hazard on the defendant’s property caused the slip-and-fall injury.
- Second, the plaintiff must show the injury was foreseeable. If a property owner failed to take reasonable steps to prevent an avoidable injury, they could face liability for any damages.
If a plaintiff can establish that the property owner violated their duty of care, they could recover monetary compensation for their injuries. To learn more about establishing liability in a slip and fall case, reach out to a Nashua slip and fall lawyer right away.
The Legal Process for a Slip and Fall Lawsuit in Nashua
Understanding the legal process for a slip and fall lawsuit can help you feel more prepared and confident as you seek compensation for your injuries. While each case is unique, here’s a general overview of what you can expect when pursuing a slip and fall claim in Nashua:
1. Initial Consultation
- Meet with an experienced slip and fall attorney to discuss your case
- Provide details about the accident, injuries, and any evidence you’ve gathered
- The attorney will assess the strength of your case and advise on potential next steps
2. Investigation and Evidence Gathering
- Your attorney will conduct a thorough investigation of the accident
- Collect and review evidence, including photos, videos, incident reports, and witness statements
- Obtain medical records and bills related to your injuries
- Possibly hire experts to reconstruct the accident or assess property conditions
3. Filing an Insurance Claim
- Your attorney may first attempt to resolve the matter by filing a claim with the property owner’s insurance company
- Negotiate with the insurance adjuster to seek a fair settlement
- If a satisfactory settlement can’t be reached, your attorney may advise proceeding to a lawsuit
4. Filing the Lawsuit
- If negotiations are unsuccessful from the other side, your attorney will file a complaint in the appropriate court
- The complaint outlines your allegations against the property owner or other responsible parties
- The defendants are served with the complaint and summons, officially notifying them of the lawsuit
5. Discovery Phase
- Both sides exchange information and evidence related to the case
- This may include written questions (interrogatories), requests for documents, and depositions (sworn out-of-court testimony)
- Your attorney will prepare you for any depositions or other participation required
6. Pretrial Motions and Negotiations
- Either side may file motions to resolve issues before trial
- Ongoing negotiations may continue, potentially leading to a settlement
- Mediation or other alternative dispute resolution methods may be attempted
- Trial Preparation
- If the case doesn’t settle, your attorney will prepare for trial
- This includes organizing evidence, preparing witnesses, and developing trial strategy
- Trial
- Present your case to a judge or jury
- Both sides will present evidence, call witnesses, and make arguments
- The judge or jury will determine if the defendant is liable and, if so, the amount of damages to be awarded
- Post-Trial
- If you win, the defendant may pay the judgment or potentially appeal the decision
- If you lose, your attorney can advise on the possibility of appealing the decision
- Collecting Damages
- If you win or reach a settlement, your attorney will assist in collecting the awarded damages
- This may involve working with the defendant’s insurance company or, in some cases, pursuing collection actions
At Coates Law Office, we understand that the legal process can seem daunting. Our experienced team is committed to supporting you through your slip and fall case to secure the compensation you deserve.
Statute of Limitations for Slip and Fall Cases in Nashua
The statute of limitations sets a strict deadline for filing your lawsuit, and failing to meet this deadline can result in losing your right to seek compensation.
In New Hampshire, the statute of limitations for personal injury cases, including slip and fall accidents, is generally three years from the date of the injury. This means you have three years from the date of your slip and fall accident to file a lawsuit against the property owner or other responsible parties.
Why the Statute of Limitations Matters
The statute of limitations serves several important purposes:
- Preserving evidence: Over time, evidence can deteriorate or be lost, and witnesses’ memories can fade. The time limit encourages prompt filing while evidence is still fresh.
- Fairness to defendants: It prevents the threat of a lawsuit from hanging over a defendant indefinitely.
- Encouraging timely resolution: It motivates injured parties to pursue their claims diligently.
Exceptions to the Rule
While the three-year limit is standard, some exceptions might extend the statute of limitations:
- Discovery rule: If the injury wasn’t immediately apparent, the clock might start when you discovered or reasonably should have discovered the injury.
- Minors: For children under 18, the statute of limitations may not begin until they reach the age of majority.
- Mental incapacity: If the injured person is mentally incompetent, the statute might be tolled until they regain capacity.
The Importance of Acting Quickly
While you have up to three years to file a lawsuit, you need to begin the legal process as soon as possible after your accident. Early action allows your Nashua slip and fall attorney to:
- Gather and preserve critical evidence
- Interview witnesses while their memories are fresh
- Complete all deadlines
- Negotiate with insurance companies from a position of strength
If you attempt to file your lawsuit after the statute of limitations has expired, the court may dismiss your case, regardless of its merit. This means you’ll lose your right to seek compensation for your injuries, no matter how severe they may be.
Compensation After a Nashua Slip and Fall Accident
A successful claim can come in many forms. These damages can result in compensation for both the physical, psychological and financial injuries resulting from a slip-and-fall accident.
Common damages recovered in a slip & fall lawsuit include:
- Past and future medical bills
- Lost wages
- Diminished future earnings
- Pain and suffering
- Mental anguish
- Disability
- Loss of consortium
Contact Our Nashua Slip and Fall Attorneys
Bradford H. Coates, Nashua Slip and Fall Accident Lawyer
If you have suffered injuries after falling on another person’s property, you could have a valid claim for monetary compensation. However, the compensation you deserve will depend in part on the property you were injured on.
Contact a personal injury attorney in Nashua, NH at Coates Law Office today at (603) 262-5766 for your free consultation so we can discuss how to move forward with your case.
Coates Law Office
92 Main Street,
Suite 107,
Nashua, NH 03060
Phone:(603) 262-5766