Personal Injury Law

Personal Injury Law
Beyond the Game: How ‘Assumption of Risk’ Shapes Injury Lawsuits in Sports and Recreational Activities
ByRory Parnell May 23, 2025August 15, 2025
Injuries often happen in sports, and the majority of the time they are contemplated by the participant before they play the sport. For example, someone that plays high school or college football knows when they sign up that they may get a concussion due to the violent nature of the sport. However, where does someone cross the line from being “Part of the game” to being actionable negligence? The term “assumption of the risk” has been used to express distinct common law theories, derived from different sources, which apply when a plaintiff has knowingly exposed themselves to particular risks. See Bohlen, Voluntary Assumption of Risk, 20 Harv. L. Rev. 14, 15-30 (1906); see also W. P. Keeton, Prosser and Keeton on Torts § 68,at 480-98…
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Personal Injury Law
Homeowner’s Insurance and the Christmas Invader
ByParnell, Michels & McKay Law Offices January 3, 2025August 15, 2025
Jimmy was home Christmas eve when he was woken up after midnight by his dog barking. He went downstairs and it looked like a burglar was in his house. He turned on the light, and his dog lunged at the intruder. A plate of cookies and milk spilled everywhere, and the burglar (wearing bright red and looking on the older side), jumped away from the dog. He shouted something like “HO HO, OH NO!” before tripping over the shoes Jimmy left in the hallway. Jimmy heard an audible “snap”, and the old man shouted in pain. Jimmy called the police, but when they came the old man had left. However, he had left a note that Jimmy would be hearing from his lawyer as he…
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Personal Injury Law
How Does the Pelissier v. Geico Make Uninsured Motorist Claims Easier to Pursue?
ByParnell, Michels & McKay Law Offices November 6, 2024August 15, 2025
As part of our ongoing commitment to serving our clients, the Personal Injury Attorneys at Parnell Michels and McKay review changes to New Hampshire law in order to ensure we continue to obtain the best results for our clients. This week, there was a significant update in the law regarding uninsured motorist claims. Pelissier addressed a statute of limitations argument regarding uninsured/underinsured motorist claims. This case involved a scenario all too common in motor vehicle accidents, where the driver at fault has too little insurance to cover the serious injuries they caused another innocent driver. In those circumstances, an under-insured motorist claim with the innocent driver’s insurance is appropriate. However, these claims are subject to the same three-year statute of limitations that most other injury…
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Personal Injury Law
What Did You Put in My Pumpkin Spice Latte?
ByRory Parnell October 17, 2024August 14, 2025
It is October, so it’s Pumpkin Spice Latte time. But what happens when that Pumpkin Spice Latte contains a plastic piece that enters your bowels? Or if the Pumpkin Spice latte has peanut butter in it and you are allergic? Severe injuries from eating food are generally not common. Sometimes a chipped tooth can happen, which while frustrating, is often a relatively easy fix at the dentist. Likewise, if a sharp tortilla chip slices your gum, it’s annoying, but doesn’t lead to long term damage. There are two general types of more severe injuries that come from food borne issues. The first is when a foreign object is in your food that should not be there. Generally, the law recognizes that certain foods will have…
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Personal Injury Law
Do Liability Waivers Prevent Me From Bringing a Claim For Negligence if My Child is Injured?
ByRory Parnell June 20, 2024August 14, 2025
New Hampshire has long followed a fairly straightforward rule that if you sign a waiver of liability then it is enforceable against the one that signed it. These waivers can prevent any claim for negligence against places like amusement parks, trampoline parks, or even zip line ropes courses when someone gets injured. In contrast, we also know that children cannot sign their own contracts, as they are minors. So what happens when I sign a waiver for my child at one of these parks? These are important questions, especially for the summer months when parents are looking for activities to keep their children busy and engaged while out of school. In New Hampshire, the first case was McKenna v. American Institute for Foreign Study and…
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Personal Injury Law
I Was Just Injured in a Car Accident: Should I Use My Health or Auto Insurance To Pay My Medical Bills?
ByParnell, Michels & McKay Law Offices April 18, 2024August 15, 2025
We never want to be in a situation where we get into an accident with another vehicle, but unfortunately accidents happen. If you are injured, the question will come up at your doctor’s office whether to bill your health insurance or auto insurance. At PMM Law, we handle injuries in New Hampshire and Massachusetts. Likewise, the answer depends on many factors, including what state you live in, what your health insurance plan requires, and other factors. In New Hampshire, the “no fault” coverage for medical expenses is called “medical payment coverage” or “MedPay” for short. Importantly, these benefits are non-subrogable (i.e. do not have to be repaid) under RSA 264:17. This means that any payments made by your auto insurer under the MedPay portion of…
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Personal Injury Law
PI Day: How Can a PI Claim Come From Pie?
ByParnell, Michels & McKay Law Offices March 15, 2024August 15, 2025
While many people associate personal injury law with motor vehicle accidents, slip and falls, and so on, this is only a portion of the types of valid personal injury claims. One of the lesser discussed types of personal injury comes from foreign objects found in food. These types of situations begin when a consumer purchases food. This could be food served at a restaurant, purchased from a gas station, or a pie purchased in celebration of pi day from your local baker or grocery store. In any of these situations, the law acknowledges that people make certain assumptions about the food they are consuming when they bite into it and are unlikely to inspect something like a pie thoroughly before eating it. Because we place…
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Personal Injury Law | Workers Compensation Law
Can Mario’s workers’ compensation claim really be denied by the neutral risk test?
ByParnell, Michels & McKay Law Offices January 12, 2024August 15, 2025
Mario was working as a plumber. He was hired to clear out some pipes with some nasty vegetation. As he descended down, he slipped on some mushrooms and broke his leg. He is upset because the workers’ compensation carrier, Turtlespikes Ins. Co, has denied his workers’ compensation claim. They told him it was a “neutral risk”, and thus not covered. He’s upset because now he cannot work, and his brother has to do double duty. Is Turtlespikes Ins. Co. right? Is this claim barred by the neutral risk test? First, we have to look at what a Neutral risk is in the eyes of the law. Neutral risks are neither distinctly employment nor distinctly personal in character. Determining whether an injury resulting from a neutral…
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Personal Injury Law
Do You Know What To Do If Your Grandma Gets Run Over By a Reindeer?
ByParnell, Michels & McKay Law Offices December 22, 2023August 15, 2025
It’s Christmas Eve and your lovely grandmother, Susan Jackenheimer, was walking home during a light snow storm. Out of nowhere a massive red sleigh came up behind her and ran her over. Leading the sleigh were eight reindeer, and a jolly large man yelling “Ho! Ho! Ho!” was behind the wheel. Sadly, you found poor Grandma lying face down in the snow, hoof prints on her forehead, and footprints all over her back. While you wonder if the old man driving the sleigh has had a recent eye exam for his license, you are left with trying to help your grandmother recover from her injuries. She has been diagnosed with a significant concussion syndrome and her back is in excruciating pain. She is worried about…
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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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