Nixon, Raiche, Vogelman,
Barry & Slawsky, P.A. has also represented hundreds of
clients in premises liability/slip and fall cases. These cases
are frequently difficult and require the expertise of architects,
engineers, and property management experts. We aggressively
pursue remedies and recovery for our injured clients in such
cases despite the fact that many personal injury lawyers consider
them too risky.
The 4th of July: Fireworks, foolishness and fatalities.
Well, the “good old 4th” is coming up. In New
Boston, the New Boston Artillery Company, led by Cap’t
Clete Peirce, will be firing the Molly Stark Cannon, captured
by Gen. John Stark’s New Hampshire Volunteers at the
Battle of Bennington in 1776. It’s fun, and important
to celebrate Independence Day with family, parades, bands
and barbecues. But in doing so, please take care - with fireworks,
and with “fire water.” Was it Plato who said,
“Everything in moderation?” Whatever, celebrate
the birth of our beloved nation with family and friends—but
do so in such a way that July 5th will be a good day too!
And be especially careful that kids are closely supervised
while setting off sparklers, M-80’s and rockets. Don’t
let any lives be lamed or lost in any “rocket’s
red glare.”
Thanks for reading this.
The law of negligence.
Many people believe that merely because they are injured in an accident of
some kind, they are automatically entitled to collect money for their injuries.
Nothing could be further from the truth. In New Hampshire, as in all other states,
people are entitled to recover for physical injuries only if they prove that
another person was negligent. Negligence means the failure to exercise reasonable
care, which is defined as that amount of care and caution a reasonable person
would use under the circumstances. Only if an injured person proves that another
person was negligent, and that the negligence caused the injuries in question,
is the injured person allowed to recover monetary compensation for those injuries.
Moreover, even the injured person has to prove that his or her conduct met
a certain standard. This is known as the Doctrine of Comparative Fault.
The law of comparative negligence.
The concept of negligence law means that merely because your are injured, you
are not necessarily automatically entitled to recover money damages. You need
to prove that some other person actually did something wrong which caused you
harm. Further note that even the injured person has to meet a certain standard
of behavior and that behavior is spelled out in the Doctrine of Comparative
Fault.
New Hampshire is a comparative negligence State. This means that when a jury
hears a case, they are required not only to look at the activity of the person
who allegedly was negligent, but also at the behavior of the person who was
injured. The jury is required to balance the behavior of the injured person
against the behavior of the allegedly negligent person for the purpose of determining
what percentage of fault should be attributed to each person.
Thus, in an automobile accident case, where one person has collided into the
rear of another person’s automobile, if it is established that the person
who was hit had break lights which weren’t working, the jury would have
to determine who was more negligent; the person who wasn’t paying attention
or the person who had defective brake lights. Only if the jury determines that
the person who was sued was more than fifty percent (50%) liable for the accident
occurring, is the person who is injured allowed to recover.
General FAQs
|
