New Hampshire Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Dog Bite Law in New Hampshire

Ed Van Dorn — Thu, 05 Jul 2007 10:41:00 GMT

The state of New Hampshire has a strict law concerning dog bites and attacks by domestic animals. Specifically the law says:

NHRSA 466:19 Liability of Owner or Keeper. - Any person to whom or to whose property, including sheep, lambs, fowl, or other domestic creatures, damage may be occasioned by a dog not owned or kept by such person shall be entitled to recover damages from the person who owns, keeps, or possesses the dog, unless the damage was occasioned to a person who was engaged in the commission of a trespass or other tort. A parent or guardian shall be liable under this section if the owner or keeper of the dog is a minor.
See http://www.gencourt.state.nh.us/rsa/html/indexes/

This means that if you or loved one is bitten by a dog and sustains serious personal injury then, with very few exceptions, the dog owner is responsible for the injuries. Every year in New Hampshire serious injuries are caused by dog bites. Our law firm has gained a reputation for representing dog bite victims, starting several years ago when attorney Ed Van Dorn received a 2.1 million dollar jury verdict on behalf of a client who was attacked by a pit bull. Since then attorneys from our firm have tried these cases in New Hampshire, Vermont, Maine and upstate New York.

Most often other attorneys who hear about our reputation in this area ask us to get involved on behalf of their clients. Lately because the insurance companies also know about our reputation we settle more of these cases than the ones that go to trial. But in any event we make sure that our clients get full compensation for injuries received by dog bites.

If you need more information about this subject matter, please see our section regarding Premises Liability.

Originally posted at InjuryBoard by Ed Van Dorn

Medical Payments in Personal Injury Cases

Ed Van Dorn — Mon, 12 Mar 2007 15:47:15 GMT

I just got a call from my partner who is on trial over in the federal district court. The lawyers for the insurance company are making all kinds of noise about medicaid paying the medical bills and they shouldn't have to, etc. He asked me to write up some closing comments he might share with the jury on this issue. And I thought I might share some of those comments with you.

If you are covered by medical insurance, medicaid or some other third party who has paid your medical bills for injuries caused by negligence, the law says that between you and the person who caused those injuries the one who should get the benefit is you, not the negligent party.

This is called the collateral source rule. It recognizes that if you have medical insurance or some other source of medical payments, then you probably earned that coverage either through your job or paying premiums out of your pocket. So if the defendant is excused from paying your medical bills because someone else did then the defendant is benefitting from what you earned or paid for, not you. Another reason the law recognizes the collatoral source rule is that many times, especially with medicare, you the injured party will have to repay to Medicare the bills they paid out of the proceeds of your recovery. This is known as a medical lien. So recognizing this the law says that the defendant must pay all reasonable medical bills related to the injury caused by negligence.

Not all states interpret the collateral source rule the same way. We practice mostly in New Hampshire and Vermont and know this is how those states treat this rule. This also points out another reason why its so important to obtain the services of an experienced law firm to handle your personal injury claim.

Originally posted at InjuryBoard by Ed Van Dorn

Woman Suing Lot Owner for Slip-and-Fall

Christina Cole — Thu, 01 Feb 2007 03:32:04 GMT

A woman has filed suit against owners of a parking lot where she slipped and fell on a pile of ice and snow. On January 18, Connie Taylor, filed a lawsuit against Jim Smith and O.V. Smith and Sons. According to the suit, Taylor slipped and fell on the ice in the parking lot owned by O.V. Smith and Sons.

The lawsuit states Taylor sustained injuries of a sacrum/coccygeal fracture, right wrist injury and a mil anterior subluxation on her vertebrae. Due to her injuries, she has also had to sustain medical expenses.

The suit claims earlier that day, O.V. Smith and Sons had piled snow and ice up against the sidewalk in a mound so high that the customers were forced to step around the huge pile of ice to get to their vehicles.

The suit claims the company failed to properly clear the lot of ice and snow and it failed to warn the customers of the "large ice blocking the entrance to their vehicles."

Originally posted at InjuryBoard by Christina Cole

New Hampshire Dog Bite Law

Ed Van Dorn — Wed, 31 Jan 2007 11:48:16 GMT

Many people ask us about their rights when they are bitten by a dog. We are asked this question because several years ago one of our clients was attacked by a pit bull. The people responsible refused to help the victim. After a trial by jury the client was awarded 2.1 million dollars.

This was the largest verdict of this kind in the country. It made national news. As a result we are often contacted by people who have been attaacked by dogs.

In New Hampshire a dog owner is strictly liable for injuries caused by their animal. This means that if you are bitten the owner of the dog is automatically liable for your injuries. Recovery can include medical bills, lost wages, disability, scarring, pain and suffering.

If you or a loved one is injured from a dog bite you may have legal rights. Please contact us for more information.

Originally posted at InjuryBoard by Ed Van Dorn

Court Limits Slip-and-Fall Cases

Christina Cole — Wed, 17 Jan 2007 03:04:32 GMT

A business cannot be sued in a slip-and-fall case unless the injured patron is able to prove that the store employees were aware or should have known about the condition, ruled the Arizona Court of Appeals.

The judges threw out a claim by David Contreras Sr., an employee of a liquor distributing company.

In 2005, Contreras sued after he said he slimed on a slimy blue substance while on delivery to Walgreens. He said the store managers knew or should have known about the poor conditions.

However, appellate Judge William Brammer, writing for the unanimous court, said Contreras needed proof to have his case heard in front of the jury. Brammer argues that the businesses have a duty to keep the premises "reasonably save for customers."

That rule, the judge said, looks to a business' choice of a particular mode of operation, rather than the incident itself. That means a patron is not required to prove that the business knew of the spill or other condition if the owner "could reasonably anticipate that hazardous conditions would regularly arise."
Brammer said regularly means "customary, usual or normal." In this case, store manager James McDougall testified that a couple of liquid spills occur within a week. Based on that, Contreras argued that it fits the definition of "regularly." That's not the case, Brammer wrote.
"It is insufficient, however, to demonstrate that spills of some kind regularly occur," the judge said. "The business must be able to reasonably anticipate that a condition hazardous to customers will regularly occur." Here, the judge said, Contreras did not prove that the spills reached the floor or that they were in areas accessible to customers.

Originally posted at InjuryBoard by Christina Cole

Police Chief Kills Pit-bull

Christina Cole — Thu, 11 Jan 2007 00:58:36 GMT

The Kingston police chief fatally shot and killed a pit-bull that had bitten another person and lunged toward him.

State Police say, Police Chief Donald Briggs, while responding to a call, saw a pit-bull attacking another dog that was leashed in the backyard. He tried to get the pit-bull off from the other dog.

While trying to get the pit-bull off the dog, Briggs learned the pit-bull had previously bitten a woman who had also tried to stop the attack. The dog lunged at Briggs then attacked the other dog again. At that point Briggs shot the dog. The other dog is being treated for multiple bite wounds to his neck and head.

Originally posted at InjuryBoard by Christina Cole

Cornell University Staff Member Bitten by Dog

Christina Cole — Fri, 05 Jan 2007 03:11:30 GMT

The Cornell University police are looking for the owner of a dog who bit a university staff member that now faces the prospect of precautionary rabies injections if it can't be determined the dog is properly vaccinated.

Friday at approximately 10:21 am, the Cornell University Police Dept. received a complaint of a dot bite. The complainant, a male Cornell University staff member was bitten on each leg by a small pit bull.

The complainant described the pit bull as weighing about 20 pounds, tiger-calico striped and was on a leash. The person walking the pit bull was described as a white female wearing a yellow-orange long-sleeved shirt, blue jeans and a white ball cap. The female was also walking a small collie with longer, light brown hair.
The victim has been treated and released from Cayuga Medical Center with minor injuries. Cornell Police ask that the owner of the pit bull -- or anyone with any information -- contact them at (607) 255-1111 as soon as possible.

Originally posted at InjuryBoard by Christina Cole

Dog Bites Carjacker

Christina Cole — Thu, 21 Dec 2006 15:06:17 GMT

A teenager is in jail and a woman is in the hospital with a dog bite -- after a carjacking that went very wrong.

Belleville police say the incident started at 3:40a.m. Tuesday when a pickup truck driver saw what appeared to be a woman in need of help standing on the side of the road, waving her arms. The driver pulled over and opened the door to the woman. At that time a teenage male jumped into the truck. The two instructed the driver to take him to East St. Louis.

When the driver got to the stop light at 161 and Carson Drive in Belleville, police say, he jumped from the truck, ran to a nearby house and called police. In turn, Belleville police called their counterparts in East St. Louis, who pulled the truck over and arrested the two. In the process, a police dog bit the woman, Belleville police say.
The teenager, 17, is in jail in Belleville. The woman, 28, is being treated at Kenneth Hall Regional Hall Hospital in East St. Louis. Both are expected to be charged today, Belleville police say.

Originally posted at InjuryBoard by Christina Cole