4 injuries that often result from falls on neglected property

A fall can change everything. As an older adult, you may be wondering whether someone else bears responsibility for what happened. In New Hampshire, property owners carry a legal duty to keep their premises reasonably safe. If a neglected hazard contributed to your fall, the law may give you options worth exploring.

What a property owner is actually responsible for

Negligence does not require intent; a property owner who fails to address a hazard they knew or should have known about may carry legal responsibility for your injury. New Hampshire law applies this standard to conditions like cracked pavement, untreated ice and broken steps.

If you contributed to what happened, that does not necessarily end your options. New Hampshire follows a modified comparative fault rule. This means you may still recover compensation if your share of responsibility is 50% or less. Typically, you have up to three (3) years from the date of your injury to take action.

Injuries that often point to someone else’s negligence

Your injury can offer important clues about what caused your fall. In New Hampshire, several of these injuries appear frequently in premises liability cases involving older adult pedestrians:

• Hip fractures: A fall on hard ground can fracture your hip and require surgery and a long recovery. For older adults, this injury often leads to lasting changes in mobility.
• Traumatic brain injury (TBI): A fall can cause a brain injury even without visible wounds. Symptoms may not appear for several days, making it easy to underestimate what happened.
• Spinal cord damage: A sudden or awkward fall can compress or damage your spine. The effects can range from chronic pain to lasting limits on your movement.
• Torn ligaments and soft tissue injuries: Insurers often minimize these injuries, but they can require surgery and months of recovery. State law does not require a severe injury to support a premises liability claim.

In each case, a neglected or foreseeable hazard may have played a direct role in your fall.

You should not have to figure this out alone

Recovery from a serious injury is difficult enough without the uncertainty of not knowing why it happened. Legal support may review your situation and help you understand your options. A conversation is often where clarity begins.