New Hampshire courts determine fault in slip and fall cases under premises liability law, holding property owners responsible if they fail to maintain safe conditions for invitees, licensees, or trespassers. Owners must address known hazards like wet floors, ice, or uneven surfaces, or warn of them; liability arises if they knew or should have known of the danger and did not act reasonably.​
Fault Determination
Maine follows a modified comparative negligence rule, allowing recovery if the injured party is 50% or less at fault, with damages reduced by their percentage of blame. For example, if a victim is 30% responsible for not watching their step, compensation drops by 30%; over 50% fault bars recovery entirely. Evidence like surveillance video, witness statements, and maintenance records proves owner negligence, such as ignoring spills or poor lighting.​
Compensation Availability
Victims can seek damages for medical bills, lost wages, pain, and suffering if negligence is established, often through settlements or trials within Maine’s six-year statute of limitations. Public property claims face stricter limits, like immunity for recreational land or certain sidewalks, requiring proof the hazard was in an “appurtenance” to a building. Businesses may be liable via respondeat superior if employees caused the hazard.
SOURCES
[1](https://www.peter-thompson-associates.com/practice-areas/injuries-due-to-dangerous-conditions-on-property/comparative-negligence-in-slip-and-fall-cases/)
[2](https://www.bermansimmons.com/practice-areas/falls-unsafe-properties/slip-and-fall-liability/)
[3](https://www.hardywolf.com/news/who-is-responsible-for-a-slip-and-fall-accident/)
[4](https://www.mannlawllc.com/negligent-acts)
[5](https://www.gideonasen.com/blog/what-should-i-know-about-slip-fall-injury-claims-in-maine)
