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.

This year’s winter conditions have meant many people have been able to participate in a variety of winter activities, including snowmobiling. Snowmobiling is a lot of fun and with it comes a certain level of responsibility.  This means abiding by certain rules to avoid injuring yourself or others.  So far this year there have been many reports of  snowmobilers suffering serious personal injuries, including fatalities, from snowmobile accidents.

Guess what is the most common cause of snowmobile accidents?  According to the New Hampshire Fish & Game, riders need to stay on designated trails and keep their speeds down.  In two recent accidents, witnesses claim the drivers were operating at a speed greater than necessary to safely operate the snowmobiles.   One driver was killed while the other driver was left unconscious.

These snowmobile accidents remind us of the serious consequences from personal injuries.  Even less serious accidents than a fatality can have a long-term impact on accident victims and their families. So, remember, while you are enjoying yourself in whatever winter activity you are doing, please be safe and responsible.

If you are the victim of an accident or personal injury, please contact us if you need an experienced New Hampshire personal injury lawyer.