nh personal injury attorney

NH Looks Into Updating Breath Test Laws

The New Hampshire Department of Safety recently asked the State Legislature to drop a requirement for DUI/DWI suspects. As it currently stands, New Hampshire law requires all suspects in DWI arrests the opportunity to receive an independent sample of their breath test in addition to the sample taken by law enforcement. With this individual sample, suspects can obtain their individual lab results and offer them as evidence in court.

Unfortunately, there are two major problems with this proposition. First, the law protects DUI suspects by providing them with a way to obtain independent lab results. Second, the technology currently used by New Hampshire law enforcement is outdated. Currently, New Hampshire law enforcement depends on the Intoxilyzer 5000 to preserve a breath sample – a machine whose technology is more than 20 years old.

The Intoxylizer is the only machine on the market that can preserve breath samples. Unfortunately, the quality of breath preservation has not advanced at the same rate as lab tests, meaning that samples obtained at the scene with current technology often present very different results than those obtained from the Intoxilyzer. To demonstrate the degree to which the results differ, in 2008 approximately 250 cases were thrown out due to the low correlation of the Intoxilyzer breath test with the independent lab tests.

Despite differing correlations in breath results, the manufacturer of the Intoxilyzer, CMI, Inc., will not release its source code due to its own proprietary interest. Their conversion ratio from breath to blood is unknown and outdated. Relying completely on a machine that has been shown to have a large percentage of discrepancies is extremely worrisome for individuals who are accused of drunk driving.

Although the defendant’s independent breath tests receive the same degree of consideration as those obtained by police, not all suspects use this to their advantage. Only approximately 15% of DWI defendants actually pursued independent breath tests last year.

It is in the state’s best interest to continue offering individuals the opportunity for an independent evaluation. Due to the inconsistently of state equipment, stripping individuals of this right would surely lead to the wrongful conviction of numerous individuals.

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NH Workplace Deaths Decline

New Hampshire saw only seven workplace deaths in 2008 — half as many as in 2007, according to the Bureau of Labor Statistics.

Although this is statistically fortunate for most employees, the Bureau cites the slowing economy as the main reason for lower death rates.  This, of course, is not necessarily a good sign for New Hampshire.  A down economy results in fewer employees in the workplace and fewer hours for those who have work.

[According to the Bureau of Labor Statistics, a fatality is a “workplace death,” if the employee was engaged in legal work activity or in an area as a part of his or her work requirements.  Deaths while commuting to or from work do not count in these statistics.  Neither do deaths from illness during employment (unless, of course, the employee's illness could be traced back to the work environment).]

The Bureau’s statistics on Occupational Injuries and Illness showed that rates of work-related personal injuries and illness also fell.  The time required to recover from these injuries, however, increased.

This brings up two issues: (1) deaths and injuries attributed to workplaces must have sufficient documentation in order to blame employers; and (2) there may be reasons why some employees fail to report accidents.

Furthermore, fewer workers and work hours result in fewer overall injuries and deaths, but perhaps even greater stress for those still on the job.

Again, these statistics cover only what was recorded and do not take into consideration injuries and illness unreported by either the employee or the employer.

While the economy may have impacted the number of employees and, therefore, the incidents of death and injury, it may also have affected the likelihood that either a worker or a business would report minor injuries or illnesses.

In fact, with a slowing economy it’s likely that some workers may choose not to report personal injuries for fear of losing a job.  This would support the idea that only the most severe personal injuries are being reported to employers, therefore decreasing the number of reports but increasing recovery time.

Conclusion: Workers need to remember that personal injuries should be taken seriously, especially if they are job-related, and should report them accordingly.  Laws and regulations are set up to support and compensate injured employees, even if the injury is minor.  A slow economy may influence statistics, but that same economy can affect individual workers who may put themselves at risk with higher stress.

Keep this in mind if you or a loved one is injured on the job. Regardless of fault, injuries and deaths at work need to be reported to help prevent future injuries on the job.

Statistics only tell part of the story. Injury prevention is really up to the employees who must report problems to maintain a safe and healthy work environment.

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How are Injuries Caused by Animals Treated in Lawsuits?

If you’ve been anywhere near a television recently, you’ve probably seen news covering the reveal of Charla Nash, the woman who was brutally attacked by her employer’s 14 year-old chimpanzee, Travis, in February of 2009. According to reports, Nash went to visit her employer, Sandra Herold, when Herold called to ask for her help in containing Travis. When Nash arrived, Travis savagely attacked her, causing her severe disfigurement including the loss of both eyes, both hands, her nose and her lips.

As a result, Nash has sued Herold for $50 million and the state of Connecticut for $150 million in a personal injury suit. Herold’s attorney, however, claims that since Nash was an employee of his client, the suit should be for worker’s compensation and not personal injury. By switching claims, the attorney may be able to shield Herold from personal liability and ultimately lower the possible award to Nash. This would also shift the focus from the duties of pet ownership to employer responsibility and compensation.

So how does this affect you? Although not everyone owns a 200-pound chimpanzee, the story certainly gives rise to questions regarding animal attacks, liability and personal injury suits.

Dog owners especially are targeted for personal injury laws regarding pets. According to the CDC, there are over four million dog bites every year and almost a million of these require some type of medical attention.  While we’d all like to believe that our beloved pets wouldn’t harm a soul, it’s important to recognize that, under stress, many animals will defend themselves and their owners through biting.

Leash and fence laws are designed to help protect pedestrians from unknown canines and to help shield owners from liability. In order to help protect both owners and civilians, some states even restrict the types of breeds allowed in certain districts and maintain strict liability laws.

New Hampshire Statutes Pertaining to Animal-Inflicted Injuries
New Hampshire happens to be one of the states with strict laws. Basically, if a dog attacks another person (and that person was neither trespassing nor committing a crime), the owner of the animal is legally responsible for the injuries caused by their dog. In short, the owner of the animal is financially responsible for all lost wages, suffering, medical bills and stress that result from the attack.

In general, a person injured from a dog bite in New Hampshire does not need to prove that the owner of the dog knew that the animal had aggressive tendencies or that the owner was in any way at fault or negligent. The law also covers non-contact injuries such as causing a biking accident by scaring the rider. It also covers damage to property or livestock including fowl, cats and other domestic animals.

The law does not, however, cover harm to individuals who were trespassing, committing a crime, harassing, tormenting, teasing, or harming the dog in any way. This is important information for dog owners who keep their animals properly contained and may be concerned about counter suits from trespassing individuals who get harmed on their property.

Pet ownership is both a great privilege and a huge responsibility. New Hampshire laws are designed to protect both the owner and the civilian and it’s important to understand your liabilities before acquiring a new pet. Dog bites are more common than most people recognize, so be sure to follow the regulations to protect yourself, your property and your dog.

Note:  The laws are even more harsh if you own exotic pets.  Be sure to read up on the laws and regulations regarding wild or exotic animals before adopting anything other than common domesticated animals.