Broke my ankle and leg after slipping on ice under snow...

by Darci
(Laconia, NH)

I live in a apartment complex and I fell outside. I was just walking to my apartment and slipped on ice under snow. I ended up having to call 911 because I was injured so badly. I ended up breaking my ankle and leg. I got x-rays at the hospital and notified the apartment office. The officer manager filled out an accident report.

Do I have any right to sue due to the hazardous driveway conditions? I now have all this pain and medical bills due to the injury. What can I do? I live in New Hampshire. Thanks.

Visitor Question:
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ANSWER for "Broke my ankle and leg after slipping on ice under snow...":

Darci (Laconia, NH):

Fortunately you probably don’t have to sue anyone. Apartment complex owners normally carry premises liability insurance. This is insurance specifically meant to cover personal injuries sustained by tenants and other visitors on their property.

To succeed in a personal injury claim under premises liability it is normally necessary for the injured tenant to prove the injury was caused by the negligence of the apartment complex owner or landlord (manager).

In your case, it’s likely you won’t have to do so as long as you can prove your injury occurred on the property after slipping and falling on ice. This is because landlords and apartment owners have a legal "duty of care” to maintain their premises so no undue harm or injury befalls their tenants.

In your case it's arguable the manager or apartment complex owner should have known ice might have accumulated underneath the snow. As a result, they should have taken all reasonable efforts to remove the ice. Thankfully the manager documented your injury, so there is little doubt it occurred.

Living in New Hampshire, it’s not a stretch to believe an apartment complex owner or landlord should have known about the danger ice poses to their tenants.

Ask the manager for the name and contact information of their insurance company, or ask that the insurance company contact you so you can pursue an injury claim. Under the facts you represent you likely have a claim for compensation for your medical and chiropractic bills, out-of-pocket expenses, lost wages (if any), and an amount for your pain and suffering.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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