Liability of the Department of Transportation

Section 230:79

    230:79 Department of Transportation to Act; Liability. –
I. Upon receipt of such notice of insufficiency, and unless the commissioner determines in good faith that no such insufficiency exists, the department of transportation shall immediately cause proper danger signals to be placed to warn persons by day or night of such insufficiency, and shall, within 96 hours thereafter, develop a plan for repairing such highway or highway bridge, and shall implement such plan in good faith and with reasonable dispatch until the highway or highway bridge is no longer insufficient, as defined by RSA 230:78.
II. If the department of transportation fails to act as set forth in paragraph I, it shall be liable in damages for all personal injury or property damage proximately caused by the insufficiency identified in the notice, subject to the liability limits under RSA 541-B:14.

Source. 1992, 188:2, eff. Jan. 1, 1993.