Slip & Fall Claims and Premises Liability

Presented by: Attorney Laurence W. Getman

GETMAN, STACEY, SCHULTHESS & STEERE, P.A.

Standard of Care or Conduct Generally A. Traditional Tort Elements 1) Duty 2) Breach 3) Causation 4) Injury

B.

Landowner’s Duty 1) Historical Perspective-Liability of Owners and Occupiers of Land

•

Trespassers

• •

Licensees Invitees

2) Current Law • Intrusion not foreseeable/against will of landowner • Intrusion foreseeable/not against will of landowner

But See

Voluntary Assumption of a Duty

Carrignan vs. NH International Speedway

Recreational Use Statutes

Harvesting Statute

Ski Areas

Fireman’s Rule

Other Immunities

Current New Hampshire Law

Attractive Nuisance

See: William Morse, Administrator of Estate of Samuel Morse vs. Richard Goduti

Man-made pond case

Kellner vs. Lowney

Hotel / Highway / Hotel

Landowner duty to protect against criminal attack

• None but: 1. Voluntarily assumed duty 2. Known defective condition Compare Innkeeper liability / common carrier duty based on special relationship.

Hazardous Activities and Maintenance of Dangerous Instrumentalities on Land

Delegation of Duties

Wentworth vs. Gray

Landowner has a non delegable duty not to create a dangerous condition on its premises.

Elliot vs. PSNH

• General rule: Landowner not liable for negligence of independent contractor.

• Exception: Inherently dangerous activities.

Anthem vs. Holy Rosary Credit Union

• Property owner who exercises no direct control over construction project DOES NOT have non-delegable duty regarding safety on the project if activity is not inherently dangerous.

– Construction projects are not inherently dangerous.

– BUT: • Duty to supervise project manager.

• Duty to hire competent General Contractor.

Vialenti vs. Net Properties, Inc.

• Possessor of a business premises who employs an independent contractor to maintain premises subject to independent contractor’s negligence.

– Cannot delegate the risk of non performance of liability.

– It’s as if the landowner retained maintenance on its own hands.

• Natural • Unnatural Natural and Unnatural Accumulations

Landlord-Tenant Relationship

Defenses • Historically, the two most common were: – Assumption of the risk – Contributory negligence • Recent trends in New Hampshire • “Last clear chance” doctrine • Comparative Fault – Townsend vs. Legere

Dog Bite • Strict Liability (No Free Bite) • No Longer Treble Damages • No Bite or Contact Required • Trespasser / Other Tort • Minor’s Dog • Owner / Keeper • No Corso Under Statute

Minors • S.O.L. 18 plus 2 • No parental vicarious liability for acts of children (but see dog bite statute) • No intra-family immunity

Social Host Liability Reckless Standard