By Jason R.L. Major – Personal Injury Lawyer

If you have a duty to someone who might foreseeably be harmed by whatever you are doing, what is the scope of that duty? The law simple requires you to act reasonably in proportion to harm that would be caused if you get it wrong. As Justice Cardozo stated, the risk can you can perceive defines the duty you must obey. You can think of it kind of like a sliding scale. The more risky the act you are engaged in is to others, the more careful you must be.

To put in real life terms, driving down a four lane highway with only one other car in sight requires you to exercise a certain degree of care and diligence to avoid a collision that might injure someone. Driving down a four lane highway with 40 or 50 cars in sight all around you likely requires a much greater degree of care and diligence on your part to avoid a collision that might injure someone. Keeping a flat, heavily textured walkway to your door reasonably safe for visitors requires a certain level of care and diligence in maintenance. Keeping stairs or a ramped walkway in a safe condition requires more attention to detail and regular maintenance.

The way to avoid being liable for something you do is really pretty simple. If it feels risky, it probably is, so think of how to make it safer. Even if it doesn’t feel risky, it does not hurt to take an extra second or so to look at what you are doing objectively and judge whether you could do it in a way that is safer for others. Sometimes that is as simple as putting down your sunshade when driving into the sun. Other times it may require you to think a bit more deliberately about the pros and cons of your activities. Note that the law does not require you to be perfect. It requires you to exercise reasonable care in relation to the risk of what you are doing. So the more dangerous it is, the more deliberate you must be in finding a safe way to accomplish whatever “it” is.

If you have been injured because of the fault of someone else, contact Douglas, Leonard & Garvey, P.C. at 1-800-240-1988 or fill out our online contact form to see if one of our experienced personal injury lawyers may be able to help you.

By Jason R.L. Major – Personal Injury Lawyer

A non-lawyer co-worker recently asked me a question about the concept of “liability.” The question went something like this: “You lawyers are always talking about liability, but how does a regular person with no legal training know if I’ll be liable for something I do?”

Now, this is a broad question so it would be impossible to give a “one-size-fits-all” test answer. However, if we’re talking about normal, everyday life – the things one does every day like driving, walking through crowds, maintaining your home or place of work, and otherwise interacting with other people, there is an underlying concept which defines whether you might be legally liable to someone else for something you do.

First of all, the idea of “being liable” to someone presupposes a “tort claim,” which is a claim you make for recovery of damages when someone does something (or fails to do something that they should have) and you are injured as a result. There are four primary elements to any tort claim. They are (1) a duty, (2) a breach of that duty, (3) that is the cause of (4) an injury. For the purposes of this discussion, we’ll concentrate on the concept of duty. Through her question, my co-worker was really asking “what is the duty I have to others to avoid being held liable if something goes wrong?”

Under New Hampshire law, whether you have a duty to others is controlled by the concept of “foreseeability.” Justice Cardozo, a famous judge from New York, said in an equally famous (at least to lawyers) case back in 1928 that “[t]he risk reasonably to be perceived defines the duty to be obeyed.” What does that mean? Basically it means that you have to take an objective look at what you are doing, judge whether it presents a risk to others, and do what is reasonable to mitigate that risk. In other words, if you can foresee that not being careful in whatever task you are doing might cause harm to someone, you have a “duty” to anyone who you can foresee being harmed.

If you have been injured because of the fault of someone else, contact Douglas, Leonard & Garvey, P.C. at 1-800-240-1988 or fill out our online contact form to see if one of our experienced personal injury lawyers may be able to help you.

Filing a personal injury or workers’ compensation claim can be complicated and there are many different steps involved before the case is resolved. One of these steps may involve an examiner by a medical examiner, which is a doctor hired by the defendant’s insurance company. This is sometimes referred to as an “independent” medical examination but that is not accurate. Instead, this examination should be called a Defense Medical Examination.

It’s important to keep in mind that the medical examiner is NOT your doctor and they were hired to assist the defense in disproving your claim or minimizing the extent of your injuries. Given this fact, you should be prepared by your lawyer ahead of time and know what to expect before your appointment so that you don’t do anything that might hurt your case.

Here are a few suggestions:

Be concise when answering questions. When asked about your pain or symptoms, state them clearly and concisely. Rambling on may result in your saying the wrong thing, or mentioning something that may hurt your case in the long run. Keep it to the point and you will be fine.

Be polite and cooperative. There is no need to be hostile with the medical examiner, even though you know they are not on your side. Be as pleasant as you can and do as he or she asks. For example, if the doctor requests that you bend or twist, do so to the best of your ability but within your limits.

Avoid exaggeration. The medical examiner is looking for people who get carried away when describing their pain. Going overboard may make you appear to be dishonest or exaggerating will only hurt your case.

Know your condition and don’t minimize it. Although it’s good to be concise in your answers, you should also be sure not to leave out anything important when it involves your pain and symptoms. Be specific and accurate in your list of limitations and complaints so that everything important is properly documented.

Understand the details of your claim. The medical examiner may ask you specific questions about your case, like the date of the incident, the details of what happened, or the names of doctors you have consulted with. Know this information ahead of time so that you’re prepared and confident.

Try not to be emotional. Certainly the experience of being injured can be emotional, and dealing with the pain and suffering is upsetting. But try to stay as focused as possible when meeting with the medical examiner. Leaving the emotion out of it can make the visit go much more quickly and smoothly.

Be honest. If a medical attorney has agreed that you are, in fact, a victim, there should be no reason to lie or stretch the truth when visiting with an independent medical examiner. Doing so will only serve to hurt your case so remember to keep it honest.

These are just a few suggestions to help prepare you for this part of your case. An experienced personal injury or workers’ compensation attorney from Douglas, Leonard & Garvey, will sit down with you to discuss your concerns and answer any questions you may have before you go to the appointment. Being prepared and knowing what to expect can make a difference between a winning case or a loss. Call our office at 1-800-240-1988 or fill out our contact form online.

Thousands of New Hampshire residents and visitors enjoy boating each season on our lakes and ponds. There are several leading causes of boating accidents, including alcohol.

New Hampshire law prohibits a person from operating a boat under the influence of intoxicants. Boating and excessive drinking is a serious crime and the laws are strictly enforced. The legal limit of the blood alcohol content (BAC) is 0.08% and if arrested for a higher BAC, harsh penalties may be imposed on the operator, based on the severity of the offense as well as the previous number of similar convictions. If convicted of operation or attempted operation of a boat while intoxicated, you may not operate a boat on New Hampshire waters for a period of one year from the date of a conviction. If you get convicted of “drunk boating” while transporting a person under the age of 16, you cannot drive a boat on New Hampshire waters again until you complete a 7-day program at the state operated multiple DWI offender program or an equivalent 7-day residential intervention program. Any conviction for driving a boat while intoxicated becomes part of your DMV record and your license to drive a motor vehicle is suspended or revoked as if you had been driving a car.

You need to remember that Marine Patrol can go onto your boat at any time for a safety check and regularly does so. They don’t need probable cause to believe you have committed a crime. If you do get charged with boating under the influence, it is critically important to find an experienced attorney because there are serious consequences – both your right to operate a boat and operate a motor vehicle are at stake.

Contact us at Douglas, Leonard & Garvey because we have experience with operating boats and defending alcohol-related charges and are available to assist you.

New Hampshire waters offer some of the best boating opportunities in the region for power boating, water skiing, fishing and sailing. And it’s almost “Ice-Out” on the Big Lake. “Ice-Out” on Lake Winnipesaukee occurs when the ice that has covered the Lake melts enough to allow the M/S Mount Washington cruise ship to navigate between Alton Bay, Center Harbor, Weirs Beach, Meredith and Wolfeboro. Ice-Out is greatly anticipated by residents and visitors since it is the traditional start of the spring season and many Islanders regain water access to their cottages. The date has been observed and recorded for over 120 years. The setting of the exact date and time is non-scientific and is now determined by an observer in a small plane from Emerson Aviation that flies over the lake several times a day. When the pilot makes the Ice-Out call it is considered official. While most years Ice Out does not occur until Mid to late April, last year, Ice Out arrived on March 24th.

So, this means boating season is right around the corner. Boating on the beautiful lakes and ponds in New Hampshire on a bright summer day with family and friends is about as good as it gets. In order to protect yourself and your loved ones you should: (1) register your boat; (2) obtain your boater education card which you must have to operate a boat with an engine bigger than 25 hp; (3) make sure you always have a good marine map and follow the boating rules; and (4) obtain marine insurance to cover injury to you and others, as well as damage to your boat.

Unfortunately, boating accidents can occur due to the negligence or recklessness of another boater. The leading causes of boating accidents are:

• inattention

• inexperience

• speeding

• alcohol

We hope you have a great boating season but if you have been injured through the fault of someone else’s negligence, you need to contact an experienced personal injury firm like Douglas, Leonard & Garvey, P.C. to set up a free consultation. Please call 1-800-240-1988 or contact us online.