When someone slips on a wet floor, trips over broken stairs, or is injured by falling debris on someone else’s property, the question of liability often centers around one key legal principle: duty of care. Property owners in New Hampshire and Massachusetts have a legal obligation to maintain their premises in a reasonably safe condition. When they fail to do so and someone is injured as a result, the property owner may be held responsible through a premises liability claim.
At Elmore Law Office, our skilled Portsmouth personal injury lawyers represent individuals who have suffered injuries due to unsafe property conditions. Understanding how the duty of care works is crucial in determining whether you may have a valid claim and how we can assist you in pursuing compensation.
Examples of Duty of Care Violations
In premises liability law, “duty of care” refers to the responsibility property owners or occupiers have to prevent foreseeable harm to those who enter their property. A property owner or manager may breach their duty of care in several ways.
Common scenarios that lead to premises liability claims include:
- Failing to clean up spills or debris promptly.
- Neglecting to repair broken stairs, railings, or sidewalks.
- Poor lighting that creates a tripping hazard.
- Lack of warning signs near wet floors or construction areas.
- Inadequate security measures leading to injury from criminal activity.
When a property owner knows—or should have known—about a dangerous condition and fails to act, they may be held liable for resulting injuries. The specific standards in New Hampshire and Massachusetts are similar, but slight legal differences may affect how a case is evaluated in each state.
How to Prove a Premises Liability Claim
To succeed in a premises liability case, the injured party must typically prove:
- The property owner owed a duty of care.
- That duty was breached through negligent actions or omissions.
- The breach caused the injury.
- The injury led to damages such as medical bills, lost wages, and pain and suffering.
At Elmore Law Office, we thoroughly investigate the facts of each case, gather necessary evidence, including surveillance footage, maintenance records, and witness statements, and develop a strong legal strategy to pursue fair compensation.
Contact Our Experienced Injury Attorneys Today
If you’ve been injured due to unsafe conditions on someone else’s property in New Hampshire or Massachusetts, don’t wait to get legal guidance. Contact Elmore Law Office today for a free consultation. We’ll help you understand your rights, determine whether a duty of care was violated, and fight to secure the compensation you deserve.