Legal Question in Landlord & Tenant Law in New Hampshire

Slip and Fall

I own a two family in NH that I do not owner occupy. Since I do not live there and live about 35 miles away, one of the tenant responsiblities is their own snow removal. This is stated a provision in their signed lease. I was just imformed of a claim against me - a friend of a tenant allegedly slipped in the driveway at 12:30am and was injured a YEAR ago.! The claim states that I am negligent for failure to provide a safe driveway. REALLY? Like I stated, the tenants have agreed to do their own snow removal and I have never been contacted of any issues regarding snow removal or icy conditions. Am I really expected to sand and salt the driveway at 12:30 am just in case a tenant has friends coming or going? I am very disturbed that NO ONE contacted me regarding this apparent injury. It almost seems like things have been ''planned''. I was given no opportunity to access the conditions or the situation. I can't even be sure this occurred on my property. I guess my question is am I negligent for this and how should I proceed? Of course I will contact my insurance co. (not open until Mon.). Will they take care of things, or do I need to contact an attorney? Any information or advice would be greatly appreciated.


Asked on 2/22/09, 4:59 pm

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: Slip and Fall

This is an unfortunate side effect of being in a landlord. You have taken the right path --- contact your insurance agent immediately. Given the late notice of the claim, your insurance company should step up to the plate and help you resolve this claim. I'm hoping that you require your tenants to provide proof of insurance. Generally the two carriers will work it out. However, if you start to believe that they will not defend and pay (if necessary) any lawful claim, you should retain an attorney to represent you.

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Answered on 2/22/09, 5:28 pm


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