Slip and Fall Accidents in New Hampshire:
What You Need to Know This Winter
Joseph Kelly Levasseur – Personal Injury Attorney josephkellylevasseur.com
Winter has arrived in New Hampshire, and with it comes snow, ice, black ice, and a big increase in slip-and-fall injuries. As a personal injury attorney practicing in Manchester, Concord, Nashua, and across the state, I see the same pattern every December through March: emergency rooms fill up, medical bills pile up, and people who were simply walking into work, visiting a store, or stepping onto a neighbor's porch slip, fall and then suddenly face months of recovery.
If you or a loved one has been hurt in a slip and fall this winter, here's what every Granite Stater needs to know in plain English. How Common Are Winter Slip and Falls in New Hampshire? Very.
Nationally, slips on snow and ice send more than 1 million people to the emergency room every year. In New Hampshire, hospitals report big spikes after every storm. Fractured wrists, broken hips, traumatic brain injuries, broken ankles and herniated discs are the injuries I see most often. For seniors over 65, a fall on ice can be life-changing — or even fatal.
Who Can Be Held Responsible? Under New Hampshire premises liability law (RSA 507:7-h and common-law negligence), property owners and occupiers owe a duty to keep their premises reasonably safe. This includes:
- Homeowners (yes, even private residences can be liable if they invite guests)
- Apartment complexes and landlords
- Retail stores, grocery stores, and restaurants
- Office buildings and employers
- Municipalities and the State of New Hampshire (with special rules and shorter deadlines)
- Contractors hired to plow or shovel
- “It was an ongoing storm.”
→ True, owners get a reasonable time after the storm ends, but many businesses must clear during business hours even while snow is still falling. - “You should have seen the ice — it was open and obvious.”
→ The “open and obvious” doctrine is shrinking in NH. If you were distracted by carrying groceries, looking at your phone, or the ice was black ice, this defense often fails. - “You were trespassing or not paying attention.”
→ Your own "Contributory" negligence can reduce your recovery, but New Hampshire follows modified comparative fault (RSA 507:7-d). As long as you are less than 50% at fault, you can still recover.
- Report the fall to the property owner or manager right away and get it in writing.
- Take photos or video of the exact spot, including the ice/snow condition and any lack of salt or warning signs.
- Get names and phone numbers of witnesses.
- Seek medical attention the same day — even if you “feel fine.” Many serious injuries don't show symptoms for hours or days.
- Do not give a recorded statement to any insurance adjuster before speaking with an attorney.
- Grocery store parking lots with untreated ice
- Apartment complex stairways and walkways
- Sidewalks in front of businesses
- Falls in the workplace (may also be workers' compensation)
- Municipal sidewalk claims (90-day notice requirement!)
- Falls at private homes after parties or deliveries
Joseph Kelly Levasseur
Manchester, New Hampshire
Manchester, New Hampshire