General Litigation

General Litigation
Explosive Consequences: How NH and MA differ on liability for Firework injuries
ByRory Parnell July 10, 2025August 15, 2025
As summer continues, many of us eagerly anticipate fireworks displays. But when mishaps occur, the legal question arises – who’s responsible? New Hampshire and Massachusetts adopt vastly different legal frameworks regarding firework-related injuries. Understanding these distinctions is pivotal for consumers, event organizers, and legal practitioners. At PMM law, we make it our business to know these rules and how they affect our clients. New Hampshire: Regulated Use with Civil & Liability Protections 1. Legal Use of Fireworks In New Hampshire, consumer (Class C) fireworks are legal for those aged 21+ and can be purchased from licensed retailers. Anyone using fireworks must follow both state and local ordinances. Those ordinances can be easily found at the NH fire marshal’s website. Violations of licensing rules may result in…
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General Litigation
What Are Enhanced Damages and Am I Eligible For Them?
ByParnell, Michels & McKay Law Offices August 2, 2024August 15, 2025
Enhanced compensatory damages are uniquely situated in our state. They stand as a rare contrast to New Hampshire’s prohibition against punitive damages. The line between prohibited punitive damages and enhanced compensatory damages can be difficult to navigate, particularly in the initial stages of litigation. Introduction In order to request enhanced damages, plaintiffs must plead that the defendant’s conduct was “wanton, malicious, or oppressive”. See Munson v. Raudonis, 118 N.H. 474, 479 (1978). Importantly, a plaintiff needs to only prove one factor in order to request enhanced damages. Therefore, the defendant conduct may either be wanton, malicious, or oppressive. Matters of enhanced damages are questions of fact for the trier of fact to decide. See Crowley v. Global Realty, Inc., 124 N.H. 814, 818 (1984). Wanton…
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General Litigation | Personal Injury Law | Workers Compensation Law
How will my settlement be taxed after a personal injury, worker’s compensation, or employment case?
ByParnell, Michels & McKay Law Offices October 27, 2023August 15, 2025
Our clients who receive settlement payments often have questions about how these settlement payments will be taxed, or if they will be taxed at all. While our firm does not practice tax law, and we always advise our clients to discuss these matters with an experienced accountant or tax preparation service, this article discusses the general rules for taxation of settlement payments in the areas of law our firm practices. Taxation in personal injury cases is simple: you will not pay taxes on a personal injury settlement in almost all circumstances. The IRS does not tax settlement money for personal injury claims because these funds are intended to make an injured person whole again. In other words, the federal government does not consider settlement of…
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Family Law | General Litigation
What is dognapping and is it any different from general theft?
ByParnell, Michels & McKay Law Offices October 19, 2023August 15, 2025
Written by Shea Briody Surprisingly, New Hampshire is one of the 15 states who have statutes for dognapping. Traditionally, dognapping has gone under the general crime of theft, which when defined means when a person intentionally takes another person’s property without their consent. Under New Hampshire Revised Statutes Annotated (RSA) it is enumerated under Title LVII, Chapter 367-Theft, Section 637:2-Definitions. Dognapping, however, is listed as a person intentionally taking someone’s dog without consent. As dognapping has become an increasing problem, states are still in development of specific laws regarding dognapping. So, in the meantime, legislation has put dognapping under the category of larceny. By definition, larceny is illegally taking away someone else’s property with intent to deprive said person of that property. In a dognapping…
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Family Law | General Litigation | Personal Injury Law
I feel I was wronged in trial court, can I file an appeal to the Supreme Court?
ByParnell, Michels & McKay Law Offices September 29, 2023August 15, 2025
The words “appeal” are prevalent in our society today. Typically, following a flashy criminal trial, or much publicized civil one, the losing lawyer states they’re “going to appeal”. Most people assume that appeals occur as a matter of course or that they are automatic. This is incorrect. In New Hampshire, parties need to file what is called a notice of appeal and comply with several other trial court and Supreme Court rules to effectively commence an appeal. On their face, notice of appeals appear to be easy. The Court’s form requires basic information about the trial court, dates of hearings, parties, and some other obvious information. However, while they are relatively easy to file, parties need to take care in preparing their filing. First what…
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General Litigation | Personal Injury Law | Workers Compensation Law
What is a Permanent Impairment and am I entitled to compensation?
ByParnell, Michels & McKay Law Offices September 22, 2023August 15, 2025
In Workers’ Compensation, it is commonly misunderstood by most people what an injured person is entitled to. A person may be able to collect benefits for time missed from work, in addition to have their medical bills paid. Yet, what happens when a person has a permanent injury that prevents them from working? First, it is important to separate that an injury that causes someone to be permanently and totally disabled entitles them to continuing wage (indemnity) benefits from the insurance carrier as long as they can’t work. If they can never work again, they are entitled to receive permanent wage benefits, and also possibly social security disability benefits. Second, the injured worker who has a permanent injury is also entitled to what is called…
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General Litigation
I just found out I am being paid less than my coworkers for the same work, what should I do?
ByParnell, Michels & McKay Law Offices August 25, 2023August 15, 2025
You may have heard about wage claims on the basis of gender discrimination. These claims arise when an employee is paid less than a coworker who performs equal work requiring equal “skill, effort, and responsibility and is performed under similar working conditions”, and the difference in pay is because of their gender. RSA 275:37. These claims do not require the compared coworker to have the exact same job title and performance. To bring a claim before the Department of Labor it is sufficient to show that the two coworkers perform jobs which require equal skill, effort, and responsibility, and one employee is being paid less than the other, and that the difference in pay is based on gender. Part of establishing these claims is learning…
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General Litigation | Personal Injury Law
What is Negligence Per Se? How using statutes can help you win your case.
ByParnell, Michels & McKay Law Offices April 12, 2023August 15, 2025
Often in injury litigation we raise violations of statutes as one of our theories of liability. This can take the form of violating a statute on the rules of the road, or when a property owner violates the local building code and someone gets hurt. Many of us understand that these laws passed by our legislature are designed in most situations to protect us, but what is often misunderstood is how these can help win your case. This theory of liability is called “negligence per se”. A person is negligent per se if they violate a statute designed to protect against the type of accident or harm caused by their conduct, and the plaintiff is someone the statute is designed to protect. A good example…
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General Litigation | Personal Injury Law
Gwyneth Paltrow Lawsuit: What Lessons Can We Learn From The Frivolous Suit iled against her?
ByParnell, Michels & McKay Law Offices April 5, 2023August 15, 2025
You may be keeping up with the Gwyneth Paltrow skiing lawsuit for an incident that occurred in Park City, Utah in 2016. While this case is getting significant publicity, it has also brought to the forefront important issues with bringing a personal injury claim after a skiing incident. Because skiing is such a popular wintertime sport in New Hampshire, it is important to stay informed about the law and potential pitfalls in bringing skiing injury claims. Let’s begin the discussion with the Paltrow lawsuit itself. Briefly, Terry Sanderson, a former optometrist, brought this lawsuit claiming that Paltrow was negligently skiing, crashing into him and causing four broken ribs and brain damage, in 2016. Paltrow denied this and countersued, arguing instead that Sanderson crashed into her,…
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General Litigation | Real Estate
Common Mistakes in Evictions
ByParnell, Michels & McKay Law Offices May 24, 2022August 15, 2025
If you are a landlord and have a tenant you are being forced to evict, there are a lot of ways to make mistakes that can lead to the tenant staying longer than you want. Having an attorney that understands the law and can prepare you can avoid many of these mistakes. In failure to pay rent cases, one of the most common mistakes is including more than just rent on the Demand for Rent. Sometimes, landlords add late fees, interest or penalties to the rental amount. Doing this can be fatal to your eviction case, as only rent should be included on a demand for rent. Moreover, accounting the correct rent is just as important. If your demand for rent is more than what…
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