As a personal injury lawyer serving Manchester, Concord, Nashua, and all of New Hampshire, I've had many slip and fall cases over my long career. Winter in the Granite State means icy sidewalks, snow-covered parking lots, and a surge in these accidents.
But here's a harsh truth I've seen time and again: the biggest mistake injured people make isn't the fall itself—it's picking up the phone when the insurance company calls.
Insurance adjusters are trained professionals whose job is to minimize payouts. They'll call you soon after the incident, sounding friendly and concerned, asking for a "quick statement" to "help process your claim." What they must tell you is that the conversation is being recorded, and every word you say can—and will—be used against you. In my experience, this traps far too many victims, especially in slip and fall cases where details like weather conditions, your actions, and the property's hazards are crucial.
The Trap of Recorded Statements
Picture this: You've just slipped on black ice in a grocery store parking lot. You're in pain, maybe concussed, and dealing with medical bills.
The phone rings—it's the store's insurance carrier. They ask seemingly innocent questions: "How fast were you walking?" "Did you see the ice?" "Have you had any prior back issues?"
Most people answer honestly, but without realizing how their words can be twisted. You might say, "I wasn't really paying attention," meaning you were carrying groceries, but the transcript reads like you admit fault. Or "It hurt a little at first, but I'm okay now," which the insurer uses to argue your injuries aren't serious—even if symptoms worsen later. In slip and fall cases, these statements are gold for the defense.
New Hampshire follows modified comparative negligence (RSA 507:7-d), meaning if you're deemed even 50% at fault, you get nothing. Insurers love recorded admissions to inflate your share of blame. I've reviewed countless transcripts where clients unknowingly downplayed their pain or omitted key details, making it harder to prove the property owner's negligence under premises liability laws.
Special Risks for Non-English Speakers
This problem is amplified for non-English speaking individuals, a growing population in New Hampshire's diverse communities like Manchester and Nashua. Language barriers lead to misunderstandings—simple phrases get mistranslated, or nuances are lost. An adjuster might rush through questions without proper interpretation, and the injured person agrees to statements they don't fully grasp. I've had cases where Spanish- or French-speaking clients said "yes" to leading questions like "You saw the warning sign, right?" when they meant the opposite. Transcripts don't capture confusion or accents, and challenging them in court requires expert testimony, adding complexity and cost. Sadly, insurers exploit this, knowing many won't seek legal help until it's too late.
But it's not just non-English speakers
Most people slip up. Even fluent English speakers, under stress or pain meds, ramble or contradict themselves. Adjusters are pros at steering conversations to elicit damaging info.
Real-Life Examples from My Practice Consider a recent case:
A client fell on untreated ice outside his apartment complex while going to his car. The insurer called him the next day. In his recorded statement, he mentioned "hurrying because it was cold," which they spun as him being reckless. When I took the case, that transcript forced us to spend extra time and resources disproving their narrative. We won, but it was an uphill battle. Another: A very nice lady with very serious injuries slipped down the dark unlit stairs of her apartment building. She spoke to the insurance carrier who asked her if she was carrying anything when she slipped and fell. She stated no, but in actuality she was carrying a laundry basket. She did not remember doing so and answered the question- she believed honestly. It was now in the transcript and caught on a video camera located on the third floor looking down towards the steps. It did not matter that she was carrying the laundry basket, the steps were ice covered in light snow. The stairs should have been sanded and salted but they weren't. When the case was brought the insurer sent the transcript made the client to look like she was lying, which made the case extra hard to bring." If she had not talked to the insurance company (which you DO NOT have to do) and instead spoken with an attorney and gone over the scenario calmly and truthfully, the laundry basket would not have been as big a deal as the insurance carrier made it out to be. These aren't outliers. In over 80% of my slip and fall cases where clients spoke to insurers first, the transcripts complicated negotiations or trials.
Why Insurers Do This—and How to Protect Yourself ----- Insurers are not your friends!
They are businesses protecting their bottom line. A quick settlement offer might seem tempting, but it's often pennies on the dollar compared to what you deserve for medical costs, lost wages, and pain. My advice: Don't talk to them. Politely say, "I'll have my attorney contact you," and hang up. Then call a lawyer immediately. In New Hampshire, you have three years to file (RSA 508:4), but evidence fades fast. As your attorney, I handle all communications, ensuring your rights are protected. No statements without preparation, and we build a strong case with photos, witnesses, and expert analysis.
What to Do Instead
- Document Everything: Photos of the scene, medical records, witness info.
- Seek Medical Care: Even if pain is mild—delays hurt your claim.
- Contact a Lawyer First: Free consultations mean no risk.
- Ignore Insurer Pressure: Lowball offers vanish once we get involved.
At Joseph Kelly Levasseur Law, we've recovered millions for Personal Injury Victims like - slip and fall victims - by avoiding these pitfalls. No fee unless we win. If you've been injured and an insurer is calling, stop—call or text me at (603) 622-7575 or visit josephkellylevasseur.com for a free case review. Don't let a recorded statement derail your recovery.
Stay safe this winter, New Hampshire.
Joseph Kelly Levasseur
Manchester, New Hampshire
December 2025