ACTIONS, PROCESS, AND SERVICE OF PROCESS
LIMITATION OF ACTIONS
508:1 Limitation of Chapter.
The provisions of this chapter shall not apply to cases in which a different time is limited by statute.
Source. RS 181:11. CS 192:11. GS 202:10. GL 221:10. PS 217:10. PL 329:10. RL 385:10.
508:2 Real Actions.
I. No action for the recovery of real estate shall be brought after 20 years from the time the right to recover first accrued to the party claiming it or to some persons under whom the party claims.
II. No action for the recovery of real estate pursuant to rights based on a possibility of reverter, right of re-entry, or executory interest shall be brought after 5 years from the time the right to recover possession or the right of re-entry first accrued to the party claiming it or to some persons under whom the party claims.
Source. RS 181:1. CS 192:1. GS 202:1. GL 221:1. PS 217:1. PL 329:1. RL 385:1. 2008, 228:3, eff. Jan. 1, 2009.
If the person first entitled to bring an action for recovery of real estate is an infant or mentally incompetent at the time the right accrues, the action may be brought within 5 years after such disability is removed.
Source. RS 181:2. CS 192:2. GS 202:2. GL 221:2. PS 217:2. PL 329:2. RL 385:2.
508:4 Personal Actions.
I. Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.
II. Personal actions for slander or libel, unless otherwise provided by law, may be brought only within 3 years of the time the cause of action accrued.
Source. RS 181:3, 4. CS 192:3, 4. GS 202:3. GL 221:3. PS 217:3. PL 329:3. 1937, 21:1. RL 385:3. RSA 508:4. 1969, 378:1. 1981, 514:1. 1986, 227:12, eff. July 1, 1986.
508:4-a Repealed by 1965, 241:3, eff. Aug. 31, 1965.
508:4-b Damages From Construction.
I. Except as otherwise provided in this section, all actions to recover damages for injury to property, injury to the person, wrongful death or economic loss arising out of any deficiency in the creation of an improvement to real property, including without limitation the design, labor, materials, engineering, planning, surveying, construction, observation, supervision or inspection of that improvement, shall be brought within 8 years from the date of substantial completion of the improvement, and not thereafter.
II. The term "substantial completion" means that construction is sufficiently complete so that an improvement may be utilized by its owner or lawful possessor for the purposes intended. In the case of a phased project with more than one substantial completion date, the 8-year period of limitations for actions involving systems designed to serve the entire project shall not begin until all phases of the project are substantially complete.
III. If an improvement to real property is expressly warranted or guaranteed in writing for a period longer than 8 years, the period of limitation set out in paragraph I shall extend to equal the longer period of warranty or guarantee.
IV. In all actions for negligence in design or construction described in paragraph I, the standard of care used to determine negligence shall be the standard of care applicable to the activity giving rise to the cause of action at the time the activity was performed, rather than a standard applicable to a later time.
V. (a) The limitation set out in paragraph I shall not apply to actions involving fraudulent misrepresentations, or to actions involving the fraudulent concealment of material facts upon which a claim might be based. Such actions shall be brought within 8 years after the date on which all relevant facts are, or with due care ought to be, discovered by the person bringing the action.
(b) The 8-year limitation period in paragraph I shall not apply to actions arising out of any deficiency in the design, labor, materials, planning, engineering, surveying, observation, supervision, inspection or construction of improvements which are for nuclear power generation, nuclear waste storage, or the long-term storage of hazardous materials.
VI. Nothing in this section shall affect the liabilities of a person having actual possession or control of an improvement to real property as owner or lawful possessor thereof, and nothing contained in this section shall alter or amend the time within which an action in tort may be brought for damages arising out of negligence in the repair, maintenance or upkeep of an improvement to real property.
Source. 1965, 118:1. 1990, 164:2, eff. June 26, 1990.
508:4-c Elimination of Ad Damnum Clause.
In any personal action, the declaration or other affirmative pleading shall not specify or allege the amount of damages claimed, but shall, instead, state that the damages claimed are within any minimum or maximum jurisdictional limits of the court to which the pleading is addressed.
Source. 1985, 354:1, eff. Jan. 1, 1986.
508:4-d Damages Recoverable for Non-Economic Loss.
I. In any action for personal injury, the damages awarded may include compensation for non-economic loss, including pain and suffering and such other elements of damage which are recognized by law and which are not objectively verifiable monetary losses. However, damages for non-economic loss shall in no case exceed $875,000.
II. In trials to a jury, the jury shall not be informed of the maximum allowable amount prescribed in paragraph I of this section. If the jury awards total damages in excess of the maximum allowable amount, the court shall inquire of the jury as to the portion of the damages attributed to non-economic loss. If that portion of the damages exceeds the maximum allowable amount, the court shall reduce damages awarded for non-economic loss to the maximum allowable amount.
Source. 1986, 227:13, eff. July 1, 1986.
508:4-e Attorneys' Fees for Services.
I. Contingent fee agreements between attorney and client shall be governed by Rules of Professional Conduct, Rule 1.5 as it may be amended by the supreme court from time to time and by any other rules regarding fees which are adopted or amended by the court.
II. No attorney shall enter into such a contingent fee arrangement with his or her client without first advising the client of his or her right and affording the client an opportunity to retain the attorney under an arrangement whereby the attorney would be compensated on the basis of the reasonable value of his or her services.
III. All fees and costs for actions, resulting in settlement or judgment of $200,000 or more, shall be subject to approval by the court.
Source. 1986, 227:13. 2002, 153:1, eff. Jan. 1, 2003.
508:4-f Bidders on Construction Contracts.
Any person, firm, association or corporation which suffers damages as a result of a competitive bid for a project involving the construction, repair, remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement, or renovation of a building or structure not being awarded due to another person, firm, association or corporation knowingly violating RSA 281-A:5 of the workers' compensation law may bring an action for damages or other relief in the superior court against said violator.
Source. 1991, 376:1, eff. Jan. 1, 1992.
508:4-g Actions Based on Sexual Assault and Related Offenses.
A person, alleging to have been subjected to any offense under RSA 632-A or an offense under RSA 639:2 may commence a personal action at any time.
Source. 2005, 283:1. 2008, 193:1, eff. Jan. 1, 2009. 2020, 24:11, eff. Sept. 18, 2020.
508:4-h State as Plaintiff.
I. Except as otherwise provided by law, all personal actions or civil enforcement actions in which the state is a plaintiff shall be brought within 3 years of the date when the plaintiff agency, department, authority, or official possessed actual knowledge of the act, omission, or violation complained of, unless the state demonstrates that the delay was not unreasonable or prejudicial to the defendant, or that the detriment to the public caused by the delay outweighs the detriment to defendant. Such limitation shall not apply to any violation or wrong that is ongoing or has otherwise not been corrected.
II. For toll violations, the limitation period under paragraph I shall not begin until one year after the effective date of the denial of motor vehicle registration renewal privileges.
Source. 2017, 159:1, eff. Jan. 1, 2018.
Actions of debt upon judgments, recognizances, and contracts under seal may be brought within 20 years after the cause of action accrued, and not afterward.
Source. RS 181:5. CS 192:5. GS 202:4. GL 221:4. PS 217:4. PL 329:4. RL 385:4.
508:6 Mortgage Notes.
Actions upon notes secured by a mortgage of real estate may be brought so long as the plaintiff is entitled to bring an action upon the mortgage.
Source. RS 181:6. CS 192:6. GS 202:5. GL 221:5. PS 217:5. PL 329:5. RL 385:5.
508:7 Writs of Error.
Writs of error may be sued out within 3 years after judgment and not afterward, unless allowed by the court for sufficient cause, upon petition and notice.
Source. RS 181:7. CS 192:7. GS 202:6. GL 221:6. PS 217:6. PL 329:6. RL 385:6.
An infant or mentally incompetent person may bring a personal action within 2 years after such disability is removed.
Source. RS 181:8. CS 192:8. GS 202:7. GL 221:7. PS 217:7. PL 329:7. RL 385:7.
508:9 Defendant's Absence.
If the defendant in a personal action was absent from and residing out of the state at the time the cause of action accrued, or afterward, the time of such absence shall be excluded in computing the time limited for bringing the action.
Source. RS 181:9. CS 192:9. GS 202:8. GL 221:8. PS 217:8. PL 329:8. RL 385:8.
508:10 Second Suit.
If judgment is rendered against the plaintiff in an action brought within the time limited therefor, or upon a writ of error thereon, and the right of action is not barred by the judgment, a new action may be brought thereon in one year after the judgment.
Source. RS 181:10. CS 192:10. GS 202:9. GL 221:9. PS 217:9. PL 329:9. RL 385:9.
508:11 Breach of Contract to Marry.
Breach of contract to marry shall not constitute an injury or wrong recognized by law, and no action, suit, or proceeding shall be maintained therefor.
Source. 1941, 150:1, 2. RL 385:11.
508:12 Aid at Scene of Emergency or to Victim of Crime.
I. If any person in good faith renders emergency care at the place of the happening of an emergency or to a victim of a crime or delinquent act or while in transit in an ambulance or rescue vehicle, to a person who is in urgent need of care as a result of the emergency or crime or a delinquent act, and if the acts of care are made in good faith and without willful or wanton negligence, the person who renders the care is not liable in civil damages for his acts or omissions in rendering the care, as long as he receives no direct compensation for the care from or on behalf of the person cared for. Any person rendering emergency care shall have the duty to place the injured person under the care of a physician, nurse, or other person qualified to care for such person as soon as possible and to obey the instructions of such qualified person.
II. Nothing in this section shall be used to construe that the perpetrator of a crime or a delinquent act or his accomplice shall be rendered innocent of liability.
III. A law enforcement officer acting in the line of duty who in good faith and without negligence renders emergency care or transport pursuant to paragraph I is exempt from civil liability under the provisions of paragraph I.
Source. 1967, 128:1. 1969, 130:1. 1971, 222:1. 1977, 148:1. 1985, 294:1, eff. Aug. 13, 1985.
508:12-a Limitation of Liability.
I. No licensed physician, registered nurse or hospital shall be liable in a suit for damages as a result of any act or omission related to advice, consultation or orders given in good faith to emergency medical care providers licensed under RSA 153-A, by radio, telephone or other remote means of communication under emergency conditions and prior to arrival of the patient at the hospital, clinic, office, or other health facility from which the emergency communication to the emergency medical care provider is made, unless the act or omission was a result of gross negligence or willful misconduct.
II. No emergency medical care provider licensed under RSA 153-A shall be liable in a suit for damages as a result of any act or omission made within the level of his training and certification and in good faith based upon advice, consultation, or orders by remote communication as described in paragraph I unless said act or omission was a result of gross negligence or willful misconduct.
III. (a) No person or corporation shall be liable in any suit for civil damages who, in good faith and without willful or wanton negligence receives, develops, collects, provides, or processes information for the enhanced 911 database or the statewide emergency notification system (ENS) database, relays or transfers enhanced 911 services, transmits ENS messages and notifications to the public, or provides emergency telephone and radio communications for ambulance, police and fire departments.
(b) No person or corporation shall be liable in any suit for civil damages who, in good faith and without willful or wanton negligence receives, develops, collects, provides, or processes information within any entity storing 911 records used in the provision of enhanced 911 services or for emergency notification system purposes.
Source. 1977, 106:3. 1979, 258:1. 1985, 97:3. 1992, 48:11; 165:6. 1999, 345:10, eff. July 1, 1999. 2010, 271:3, eff. Aug. 6, 2010.
508:12-b Liability Limited; Fire Department, Emergency Service, and Rescue Squad Members.
I. No person who is a volunteer, "part paid" or "call" member of a nonprofit fire department, emergency service or rescue squad operating in any political subdivision shall be held personally liable in any action to recover for personal injury or property damage arising out of any act performed or occurring in the furtherance of his official duties. Nothing in this section shall affect the liability of the political subdivision, department, service or squad served by such person. Nothing in this section shall affect the liability of such person for damages arising out of willful misconduct, gross negligence, or operation under the influence of drugs or alcohol.
II. In this section:
(a) "Call" member means any member other than a full-time paid employee who receives payment for each emergency response.
(b) "Official duties" mean emergency duties only.
(c) "Part paid" member means any member other than a full-time paid employee who receives an annual retainer or stipend of less than $5,000 for his services as a member.
Source. 1990, 14:1, eff. May 12, 1990.
508:12-c Liability Limited for Certain Out-of-State Emergency Services.
When a police officer, firefighter, or other emergency services worker from an out-of-state entity responds to an emergency in New Hampshire, such out-of-state entity and its employees and volunteers shall have all the same liability limitations to which a New Hampshire entity, police officer, firefighter, or emergency services worker would be entitled under New Hampshire laws.
Source. 2015, 170:1, eff. June 26, 2015.
508:12-d Liability Limited; Licensed Engineers and Architects.
I. Any engineer or engineering firm, architect, or architectural firm licensed pursuant to RSA 310-A who, in good faith, voluntarily and without charge or compensation, acting under the direction of the director of the division of homeland security and emergency management, the state fire marshal, or a town or city emergency management director who is managing a natural or human caused disaster or other life-threatening emergency, provides professional advice or assistance in connection with such disaster or emergency, shall not be liable for any civil damages alleged to have been caused by the acts or omissions of such licensed professional or firm in providing the requested professional advice or assistance, subject to the following conditions:
(a) The service rendered applies to the practice of engineering or architecture and concerns any building, structure, or system, whether publicly or privately owned, that is involved in or affected by the disaster or emergency;
(b) The service rendered relates to the structural integrity of the entire building or system or any portion thereof, or to a nonstructural element of the structure or system, affecting public safety; and
(c) The service is rendered during the time in which the emergency exists.
II. The immunity granted by this section shall not apply to acts or omissions constituting gross negligence, or wanton or willful misconduct.
Source. 2015, 191:1, eff. July 6, 2015.
508:13 Professional Malpractice; Evidence.
In determining whether the person against whom a malpractice claim has been made has met the applicable standard of care, the jury or judge shall not be bound or limited by the standard of care accepted or established with respect to any particular geographical area or locality, but shall consider only whether the person against whom the claim is made has acted with due care having in mind the standards and recommended practices and procedures of his profession, and the training, experience and professed degree of skill of the average practitioner of such profession, and all other relevant circumstances.
Source. 1971, 348:1.
508:14 Landowner Liability Limited.
I. An owner, occupant, or lessee of land, including the state or any political subdivision, who without charge permits any person to use land for recreational purposes or as a spectator of recreational activity, shall not be liable for personal injury or property damage in the absence of intentionally caused injury or damage.
II. Any individual, corporation, or other nonprofit legal entity, or any individual who performs services for a nonprofit entity, that constructs, maintains, or improves trails for public recreational use shall not be liable for personal injury or property damage in the absence of gross negligence or willful or wanton misconduct.
III. An owner of land who permits another person to gather the produce of the land under pick-your-own or cut-your-own arrangements, provided said person is not an employee of the landowner and notwithstanding that the person picking or cutting the produce may make remuneration for the produce to the landowner, shall not be liable for personal injury or property damage to any person in the absence of willful, wanton, or reckless conduct by such owner.
Source. 1975, 231:1. 1979, 439:1. 1981, 293:2. 1985, 193:2. 2006, 5:1, eff. Feb. 3, 2006.
508:15 Donors and Distributors of Food.
I. As used in this section:
(a) "Donor" means any person, corporation, unincorporated business entity, non-profit corporation or entity which donates food or harvests food for distribution. "Donor" includes any non-profit "food bank" which shall collect, store and distribute food without charge or at a charge sufficient only to cover the cost of handling and administering such food and the distribution thereof. "Donor" includes the employees, agents, officers or volunteers working for or with any donor in connection with the giving or distribution of food.
(b) "Food" means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption or for feeding of animals. "Food" also means food items open-dated for which the date has passed.
II. The good faith donor of any food to a needy individual or individuals or to a bona fide charitable or non-profit organization for distribution or serving by such organization without charge or at a charge sufficient only to cover the cost of handling and administering such food and the distribution thereof, or to a person for uses such as animal feed or composting, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct of the donor; provided, however, that at the time of donation such food is not knowingly misbranded and is not adulterated and has not been manufactured, processed, prepared, handled or stored in violation of applicable rules of the department of health and human services, or unless an injury is caused by the gross negligence, recklessness or intentional conduct of the donor.
III. A bona fide charitable or non-profit organization which in good faith receives food, apparently fit for human consumption, and distributes it without charge or at a charge sufficient only to cover the cost of handling and administering such food and the distribution thereof shall be considered a donor under this section and shall not be subject to criminal penalty or civil damages resulting from the condition of the food; provided, however, that at the time of distribution or serving such food is not knowingly misbranded or adulterated or has not been manufactured, processed, prepared, handled or stored in violation of applicable rules of the department of health and human services or, unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.
IV. This section is applicable but not limited to the good faith donation of food not readily marketable due to appearance, freshness, grade, surplus, or other considerations, but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
Source. 1985, 30:1. 1995, 310:181, eff. Nov. 1, 1995. 2016, 38:1, 2, eff. July 2, 2016.
508:16 Directors and Officers of Charitable Organizations or Societies; Liability Limited.
I. For the purposes of this section:
(a) "Director" means a person who serves without compensation on the board of trustees or board of directors of a charitable organization or society organized or incorporated in this state or having a principal place of business in this state.
(b) "Officer" means a person who serves without compensation as an officer of such an organization or society.
(c) "Compensation" does not include reimbursement for expenses actually incurred.
(d) "Charitable organization or society" means an organization or society which is "charitable" as defined in RSA 72:23-l.
II. Directors and officers shall not be liable for damages for bodily injury, personal injury, or property damage if the claim for such damages arises from an act committed in good faith and without willful or wanton negligence in the course of an activity carried on to accomplish the charitable purposes of the organization or society.
Source. 1986, 227:5. 1995, 290:1, eff. Jan. 1, 1996.
508:17 Volunteers; Nonprofit Organizations; Liability Limited.
I. Any person who is a volunteer of a nonprofit organization or government entity shall be immune from civil liability in any action brought on the basis of any act or omission resulting in damage or injury to any person if:
(a) The nonprofit organization or government entity has a record indicating that the person claiming to be a volunteer is a volunteer for such organization or entity; and
(b) The volunteer was acting in good faith and within the scope of his official functions and duties with the organization; and
(c) The damage or injury was not caused by willful, wanton, or grossly negligent misconduct by the volunteer.
II. Liability of a nonprofit organization for damage or injury sustained by any one person in actions brought against the organization alleging negligence on the part of an organization volunteer is limited to $250,000. Such limit applies in the aggregate to any and all actions to recover for damage or injury sustained by one person in a single incident or occurrence. Liability of a nonprofit organization for damage or injury sustained by any number of persons in a single incident or occurrence involving negligence on the part of an organization volunteer is limited to $1,000,000.
III. Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization against any volunteer of such organization.
IV. Volunteer activity related to transportation or to care of the organization's premises shall be excepted from the provisions of paragraph I of this section.
V. In this section:
(a) "Damage or injury" includes physical, nonphysical, economic and noneconomic damage and property damage.
(b) "Nonprofit organization" shall include, but not be limited to, a not for profit organization, corporation, community chest, fund or foundation organized and operated exclusively for religious, cultural, charitable, scientific, recreational, literary, agricultural, or educational purposes, or to foster amateur competition in a sport formally recognized by the National Collegiate Athletic Association, and an organization exempt from taxation under section 501(c) of the Internal Revenue Code of 1986 organized or incorporated in this state or having a principal place of business in this state.
(c) "Volunteer" means an individual performing services for a nonprofit organization or government entity who does not receive compensation, other than reimbursement for expenses actually incurred for such services. In the case of volunteer athletic coaches or sports officials, such volunteers shall possess proper certification or validation of competence in the rules, procedures, practices, and programs of the athletic activity.
Source. 1988, 280:1. 1990, 116:1-3. 1998, 255:1, 2, eff. Jan. 1, 1999.
508:17-a Agents Assisting Certain State Departments; Liability Limited.
I. Any person who acts as an agent to the department of health and human services or the department of safety by providing assistance in response to a specific public health or public safety incident shall be protected from claims and civil actions arising from acts committed within the scope of his or her official duty as an agent to such departments to the same extent as state officers, trustees, officials, employees, and members of the general court under RSA 99-D, provided that:
(a) The commissioner of the department of health and human services or the commissioner of the department of safety has declared in writing to the governor that a public health or public safety incident exists;
(b) The department of health and human services or the department of safety has designated the person to act as its agent to assist in responding to the public health or public safety incident;
(c) The agent was acting in good faith and within the scope of his or her official functions and duties as an agent to the department of health and human services or the department of safety; and
(d) The damage or injury was not caused by willful, wanton, or grossly negligent misconduct by the agent.
II. In this section:
(a) "Agent" means any person who acts as an agent to the department of health and human services or the department of safety by providing assistance in response to a specific public health or public safety incident and the person does not receive compensation from either department, other than possible reimbursement for expenses actually incurred for such services, but who may be receiving compensation from his or her employer or from any other source.
(b) "Damage or injury" includes physical, nonphysical, economic and noneconomic damage, and property damage.
(c) "Public health or public safety incident" means a specific incident that the commissioner of the department of health and human services or the commissioner of the department of safety has declared in writing poses a threat to the health and safety of the public and demands a response that will require the assistance of agents from outside the state system, but which does not rise to the level that would necessitate the declaration of a state of emergency by the governor under RSA 4:45.
II-a. For purposes of immunity and exemption, any declared public health or public safety incident shall be considered an emergency management function under RSA 21-P:41, I-II.
III. Notwithstanding any other provision of law, no person shall be considered an agent of the department of health and human services or the department of safety for the purposes of this section unless the commissioner of one of those 2 departments has declared in writing to the governor that a public health or public safety incident exists and the appropriate department acknowledges in writing the person's status as an agent. Such written acknowledgment shall identify the person, indicate the department of the state for which the person will be acting as an agent, indicate the duration for which the person will be acting as an agent, indicate the functions that the person will be performing for the appropriate department, and specifically indicate that the provisions of this section apply to the person's status as an agent to the appropriate department.
IV. Any licensed health care provider who acts as an agent to the department of health and human services by providing health care or services in response to a public health incident shall work under the oversight of a department physician.
V. No disciplinary action shall be taken by a licensing board against a licensed health care provider who acted as an agent or a volunteer to the department of health and human services or the department of safety. This paragraph shall apply only to a health care provider who was designated by either the department of health and human services or the department of safety to act as an agent in accordance with paragraph III and who acted in good faith within the scope of his or her official functions and duties as an agent, and who did not engage in willful, wanton, or grossly negligent conduct in the course of carrying out his or her official functions and duties.
Source. 2005, 191:5. 2008, 336:5, eff. July 7, 2008.
508:18 Liability Limited; Health Care Facilities and Personnel.
I. No health care facility licensed under RSA 151, licensed physician, registered nurse, certified physician's assistant or qualified medical technician or medical technologist ordered by a law enforcement officer to perform a test, medical examination or procedure on a person in the custody of such officer, shall be held liable for any damage arising out of the performance of such test, examination, or procedure, if the test, examination, or procedure is performed with ordinary care. Nothing in this section shall be construed to legalize an otherwise illegal test, examination or procedure insofar as the law enforcement agency and any employee thereof is concerned.
II. For purposes of this section, "health care facility" means hospitals, ambulatory surgical facilities, specialty hospitals, and licensed nursing homes including all services and property owned by such. Health care facilities shall include facilities which are publicly or privately owned or for-profit or not-for-profit, and which are licensed or required to be licensed in whole or in part by the state.
Source. 1989, 193:1. 1997, 158:12, eff. Jan. 1, 1998. 2012, 282:16, eff. June 30, 2015.
508:18-a Law Enforcement Agencies; Limitation on Liability for Injuries Caused by Dogs Used in Law Enforcement Work.
No law enforcement officer or agency shall be held liable for damages resulting from injuries caused by a dog used in law enforcement work provided that:
I. The officer and the dog have completed training together and received certification from a nationally recognized organization required for police work or other law enforcement work or from the New England State Police Administrators Compact;
II. The injury arises out of law enforcement conduct within the provisions of RSA 627:5, I and II; and
III. The law enforcement agency using a dog in enforcement work has adopted a written policy on the necessary and appropriate use of a dog for the work enumerated in paragraphs I and II. Said written policy shall be available for public inspection at any time.
Source. 2001, 284:1, eff. Jan. 1, 2002. 2011, 36:1, eff. May 9, 2011.
508:19 Liability; Equine Activities.
I. In this section:
(a) "Engages in an equine activity" means rides or drives an equine; or assists in medical treatment of an equine; or is a passenger upon an equine; or is a passenger in a vehicle drawn by an equine; or trains, whether mounted or unmounted, an equine; or who is involved in event management. The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator is in an unauthorized area and in immediate proximity to the equine activity.
(b) "Equine" means a horse, pony, mule, donkey, or hinny.
(c) "Equine activity" means:
(1) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, 3-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, hunting, english and western performance riding, endurance riding, games, and eventing.
(2) Equine training or teaching activities.
(3) Boarding equines.
(4) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine.
(5) Rides, trips, hunts, field trials, or other equine activities of any type, however informal or impromptu, that are sponsored by an equine activity sponsor.
(6) Placing or replacing shoes on an equine.
(d) "Equine activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or not for profit, which sponsors, organizes, or provides for, equine activities, including, but not limited to, pony clubs, 4-H clubs, field trial clubs, hunt clubs, riding clubs, school and college sponsored classes, programs and activities, therapeutic riding programs, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held.
(e) "Equine professional" means a person engaged for compensation:
(1) In instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine.
(2) In renting equipment or tack to a participant.
(3) In providing daily care of horses boarded at an equine facility.
(4) In training an equine.
(f) "Inherent risks of equine activities" means those dangers and conditions which are an integral part of equine activities, including, but not limited to:
(1) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them.
(2) The unpredictability of an equine's reaction to such things as sounds, sudden movements, and unfamiliar objects, persons, or other animals.
(3) Certain hazards such as surface and subsurface conditions not obvious to the equine participant or not known and reasonably not known by the equine professional or sponsor.
(4) Collisions with other equines or objects that can be reasonably foreseen as a result of normal equine activities.
(5) The potential of a participant to act in a negligent manner that may contribute to injury of the participant or others, such as failing to maintain control over the animal or not acting within the participant's ability; except where said negligence can be reasonably foreseen and the equine professional or sponsor has failed to take any corrective measures.
(g) "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
II. Except as provided in paragraph III of this section, an equine activity sponsor, an equine professional, or any other person engaged in an equine activity, shall not be liable for an injury or the death of a participant resulting from the inherent risks of equine activities and, except as provided in paragraph III of this section, no participant's representative shall make any claim against, maintain an action against, or recover from any other person for injury, loss, damage, or death of a participant resulting from any of the inherent risks of equine activities. Each participant in an equine activity expressly assumes the risk of and legal responsibility for any injury, loss or damage to person or property which results from participation in an equine activity. Each participant shall have the sole responsibility for knowing the range of his or her ability to manage, care for, and control a particular equine or perform a particular equine activity, and it shall be the duty of each participant to act within the limits of the participant's own ability, to maintain reasonable control of the particular equine at all times while participating in an equine activity, to heed all posted warnings, and to refrain from acting in a manner which may cause or contribute to the injury of any person.
III. Nothing in paragraph II of this section shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person engaged in an equine activity, if the equine activity sponsor, equine professional, or person:
(a) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury.
(b) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity.
(c) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted.
(d) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.
(e) Intentionally injures the participant.
Source. 1998, 24:2, eff. Jan. 1, 1999.
508:20 Wrongful Death Action on Behalf of Nonsupported Child; Recovery Limited.
No parent shall receive any portion of an award of damages or an out-of-court settlement resulting from any claim or action for wrongful death on behalf of such parent's dependent child, until such parent has paid in full any child support arrearages owed, if such parent:
I. Was convicted of nonsupport of such child under RSA 639:4;
II. Failed to comply with a legal order for support of such child under RSA 161-B; or
III. Was otherwise ordered to pay support for such child by a court or administrative agency in this state or another state, and failed to comply with such order.
Source. 1998, 153:1, eff. Jan. 1, 1999.
508:21 Liability Limited; Manufacturers, Distributors, Dealers, or Importers of Firearms or Ammunition.
I. In this section:
(a) "Manufacturer" means:
(1) A person who is engaged in a business to import, make, produce, create, or assemble a qualified product, and who designs or formulates, or has engaged another person to design or formulate, a qualified product.
(2) A seller of a qualified product, but only with respect to an aspect of the product that is made or affected when the seller makes, produces, creates, or assembles and designs or formulates an aspect of the product made by another person.
(3) Any seller of a qualified product who represents to a user of a qualified product that the seller is a manufacturer of the qualified product.
(b) "Person" means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity.
(c) "Qualified product" means a firearm or ammunition or a component part of a firearm or ammunition, manufactured in compliance with federal and state law, that has been shipped or transported in intrastate, interstate, or foreign commerce.
(d) "Qualified civil liability action" means a civil action, in law or in equity, brought by any person against a manufacturer or seller or a trade association of a qualified product, for damages resulting from the criminal or unlawful use of a qualified product by the person or a third party, but shall not include an action brought against a manufacturer, seller, or trade organization convicted of a felony under state or federal law, by a party directly harmed by the felonious conduct.
(e) "Seller" means, with respect to a qualified product, a person who:
(1) In the course of a business conducted for that purpose sells, distributes, rents, leases, prepares, blends, packages, labels, or otherwise is involved in placing a qualified product in the stream of commerce.
(2) Installs, repairs, refurbishes, reconditions, or maintains an aspect of a qualified product that is alleged to have resulted in damages.
(f) "Trade association" means a federal, state, or local trade association which has one or more members which are manufacturers or sellers of a qualified product.
II. A qualified civil liability action shall not be brought in any state court.
Source. 2003, 267:2, eff. Jan. 1, 2004.
508:22 Liability Limited for Winter Maintenance.
I. No commercial applicator as defined in RSA 489-C:1, II and certified under RSA 489-C:2, or owner, occupant, or lessee of land whose premises is maintained by a commercial applicator certified under RSA 489-C:2, shall be liable for damages arising from insufficiencies or hazards on any premises owned, occupied, maintained, or operated by them, even with actual notice thereof, when such hazards are caused solely by snow or ice, and the commercial applicator's, owner's, occupant's, or lessee's failure or delay in removing or mitigating such hazards is the result of its implementation, absent gross negligence or reckless disregard of the hazard, of best management practices for winter road, parking lot, and sidewalk maintenance adopted and published by the department of transportation and the department of environmental services. All commercial applicators, owners, occupants, or lessees who adopt such best management practices shall be presumed to be acting pursuant to the best management practices in the absence of proof to the contrary.
II. In order to receive the liability protection provided in paragraph I, a commercial applicator as defined in RSA 489-C:1, II, or an owner, occupant, or lessee of land shall keep a written record describing its winter road, parking lot and property maintenance practices. The written record shall include the type and rate of application of de-icing materials used, the dates of treatment, and the weather conditions for each event requiring de-icing. Such records shall be kept for a period of 3 years.
Source. 2013, 144:123, eff. Sept. 26, 2013.