Product Liability

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  • Massachusetts vs. New Hampshire: Differences In Personal Injury Claims

    Massachusetts is a mandatory insurance state, and as a result, all residents of Massachusetts are required by law to carry automobile insurance. New Hampshire, on the other hand, does not require everyone to carry automobile insurance. Many people ask us what this means for them, and their potential injury claim. First, Massachusetts policies have what is called “personal injury protection” (a/k/a “PIP”) coverage. This is a type of insurance that pays for medical bills incurred as a result of an auto accident. So, if you are injured and have a Massachusetts policy, then the personal injury protection will be the first to pay out for medical bills. Under Massachusetts rules, the first $2,000.00 of all related medical bills to the accident are paid by the…

  • NH Supreme Court Update: Will Rivas Decision Affect Your Motor Vehicle Case?

    The New Hampshire Supreme Court recently issued an order regarding the impact of a trial judge’s ruling on evidentiary issues and the impression they leave on a jury in a case called Rivas v. Ciecko, 2026 NH 2. Plaintiff sued Defendant for damages stemming from a motor vehicle accident. Plaintiff claimed that, as a result of the accident, she began to have fainting spells. Over a year after the accident, Plaintiff fell down a set of stairs while intoxicated at a birthday party and fractured her leg. She claimed that the syncope she alleges she developed as a result of the prior motor vehicle accident was to blame for her fall. Therefore, she claims that her fractured leg stems from damages she sustained in the…

  • Do You Know What To Do If Your Grandma Gets Run Over By a Reindeer?

    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…

  • Enhanced Damages vs Punitive Damages

    In New Hampshire, punitive damages are not allowed under the law when filing an injury lawsuit. Only compensatory damages are allowed in NH. Punitive damages are “penalties” and are designed to punish the person or company responsible. The most obvious example of this is with tobacco. Cigarette manufacturers faced large punitive damage verdicts when the juries were advised about what they knew about cigarettes causing cancer, and whether they hid any of those facts. Unlike other states, NH does not allow this type of damage. New Hampshire does, however, have “enhanced compensatory damages”. Enhanced compensatory damages result in a jury being instructed to double the damages if the facts warrant a finding for enhanced damages. However, these damages are “compensatory” and not designed to punish….

  • Dog Bites Injuries

    Dogs are man’s best friend. Most of us have had them as a part of our families over the years. However, dogs (especially poorly trained dogs) can be highly dangerous animals. When they attack, they can cause lasting and permanent physical and emotional scarring. Some breeds (like pit bulls, German Shepherds or Dobermans) can cause even more significant damage because of their physiological makeup. These breeds are often blacklisted by insurance companies because of this. Often, insurance companies will charge higher premiums to dog owners who own dogs like a pit bull or Doberman. This is not necessarily because they are more aggressive than other dogs, but because the damage they cause is so much more significant.In New Hampshire, dog bite cases are strict liability….

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    UPDATE: Using A Phone While Driving: How The New Ban Is Affecting TORT Cases

    As of July 1, 2015, the State of New Hampshire banned the use of a cell phones while driving, and limited any use of a handheld electronic device. This included not only cell phones, but tablets and GPS devices as well. Since the law was passed, the State of New Hampshire has tried to inform all citizens of New Hampshire and those that travel here that such use is banned. Since the inception of the law, police officers have been paying much closer attention to seeking out the use of cell phones while driving. This has led to increased tickets, and escalating fines for those that are using their phones while driving. Since the ban, we are discovering that police officers investigating motor vehicle accidents…