Portsmouth Area Slip and Fall: Settlement Reached for Winter Ice Injury

New Hampshire winters are hard on walkways, and property owners know it. This case involved a pedestrian who slipped on ice in a Seacoast community near Portsmouth. The surface had not been properly treated. The fall caused a back injury that required medical care and time away from normal activity.

The claim

The claim was brought against the property owner under premises liability principles. It alleged that an unsafe condition was allowed to persist even though winter ice is a foreseeable risk. The key question was whether the owner had a reasonable snow and ice maintenance practice in place and followed it.

Evidence pointed to ice on the walkway and inadequate removal. The case settled through negotiation without going to trial.

The outcome

The settlement was $150,000. It addressed medical expenses, the physical limitations caused by the back injury and the disruption to the person's daily life.

What New Hampshire premises liability requires

A property owner who fails to exercise reasonable care in maintaining the property, and whose failure causes an injury, can be held financially responsible. In slip-and-fall cases the parties and the courts usually look at:

• The owner's maintenance practices for snow and ice
• The weather conditions before and during the incident
• Whether the owner knew or should have known about the hazard
• How serious the injury was

These claims often come down to disputes over responsibility, notice and injury severity. Photos of the walkway taken soon after the fall, incident reports and prompt medical records make a significant difference.

If you fall on ice

• Photograph the area, including the ice and any lack of salt or sand, as soon as you safely can.
• Report the fall to the property owner or manager and ask for a copy of any incident report.
• See a doctor promptly. Back injuries can worsen over days.
• Keep the shoes you were wearing and note the time and weather.
• Contact an attorney before speaking with the owner's insurer.

10XLAW reviews slip-and-fall cases at no cost and charges no fee unless we win. Call (888) 710-9451 or use the form on this page.

This article is for general information and is not legal advice. Case results depend on the facts of each matter and past results do not guarantee a similar outcome.