New Hampshire Tort Laws

Tort laws in New Hampshire allow victims of intentional or negligent acts to recover damages from at-fault parties. Some examples of cases that involve torts are defective products, medical malpractice, and car accidents. However, in New Hampshire, torts refer not only to physical harm but also to the intentional infliction of emotional distress. 

In Morancy v. Morancy, for example, the plaintiffs filed a lawsuit claiming the defendant emotionally harmed them. The court found that wrongful acts had taken place, such as harassment, invasion of privacy, and outrageous behavior. However, it only awarded $100 in damages to each plaintiff since, based on its assessment, the plaintiffs did not suffer severe mental distress.

In tort cases, it is generally necessary to prove that the plaintiff suffered damages, which can be physical, emotional, or economic in nature. Other requirements for a tort claim to succeed will be discussed in this article. Legal practitioners, scholars, and residents of New Hampshire will find information here that will give them a deeper understanding of their rights and obligations within the context of civil wrongs. 

Basic Tort Categories in New Hampshire

Negligent Torts

Negligent torts happen when someone exhibits an unreasonable lack of care or prudence, thereby putting others in danger. In these cases, the person causing the tort (the tortfeasor) violates the standard of care expected in the situation. Some examples of negligent torts are car collisions, motorcycle wrecks, truck accidents, slips and falls, and medical malpractice.

To obtain compensation for harm brought about by the defendant's recklessness, the plaintiff must prove the following:

• The defendant had an obligation to either perform an act or abstain from doing it. 

• The defendant violated or breached his duty.

• The plaintiff suffered harm as a result of this duty breach.

• The plaintiff’s injuries were directly caused by the defendant’s action or omission.

Intentional Torts

In New Hampshire, intentional torts happen when someone purposely harms another person. Intentional torts may resemble criminal cases; however, they differ in nature. Deliberate torts cause harm to individuals or their property, while crimes cause harm to society's interests. Fraud, assault, battery, trespass, and intentional infliction are a few examples of intentional torts. 

Strict Liability Torts

In strict liability torts, the law holds a person liable based on the consequences of their action, regardless of fault or intent. So, even if the tortfeasor is not negligent, they may be held accountable for the damage they cause. The focus of the court is on determining whether a particular result or injury occurred, not whether the defendant was careless. Some examples of strict liability cases are dog bites, defective products, and abnormally dangerous activities.

Other Tort Categories in New Hampshire

In New Hampshire, nuisance laws apply to activities or circumstances that interfere with someone's use of their property or have an impact on the community as a whole. Examples of nuisances are pollution and acts that cause injury or damage to the public. 

A case involving a public nuisance in New Hampshire happened in 2003 when the state brought legal action against several fuel producers and refiners who supplied gasoline that contained MTBE. The goal of the lawsuit was to recover damages for surface and groundwater contamination. This was, according to the state, a public nuisance. However, the court rejected the state’s suit on two grounds:

• The state sued manufacturers rather than the landowners, which rendered the claim void. New Hampshire law limits public nuisance claims to landowners. 

• The court ruled that the plaintiff failed to establish that the defendant had control over the alleged nuisance. 

There are also nuisances occurring on private properties. Examples of these are loud voices, dog noises, and falling trees from the neighborhood. Those who experience a private nuisance may bring a tort claim against the person causing the nuisance to seek a legal remedy. 

A private nuisance can also lead to a public nuisance if a certain situation unreasonably disrupts public rights. For instance, a fallen tree from the neighborhood blocks the public road, resulting in a much wider negative impact on the community. In such cases, it is imperative to seek counsel from lawyers in New Hampshire who know the intricate state laws and procedures unique to nuisance tort claims.

Tort vs. Crime in New Hampshire

In New Hampshire, the nature and legal process of torts and crimes are different. Torts deal with civil wrongs that cause pain and loss and are resolved in civil court. The goal is to recover compensation for the victims. On the other hand, crimes are public offenses that are prosecuted in criminal court with the intent of punishing the offenders and maintaining public order. In criminal law, offenders are punished for breaking the law, while under tort law, plaintiffs receive damages for their injuries. 

Mass Torts in New Hampshire

A mass tort is a personal injury case filed by several people or plaintiffs who were injured as a result of the same incident. Individual claims are filed separately in mass tort cases; however, they may be combined for pretrial proceedings before going to trial in the state where each claim was first filed. 

Some examples of mass tort cases are:

• Industry pollutants. 

• Commercial aircraft crashes.

• Explosions.

• Faulty products.

• Natural disasters.

• Toxic exposure.

Settlements for mass torts frequently result in a significant amount of compensation for the plaintiffs due to the collective nature of the claims. There are several benefits to filing a mass tort lawsuit, such as:

• The likelihood of recovering compensation increases since the defendants are under pressure from several complaints, which may force them to settle immediately. 

• It expedites the process of discovery since plaintiffs have the same resources and pre-trial data. 

• Plaintiffs in a mass tort legal action are more likely to recover greater compensation compared to those who file individual lawsuits. 

• It guarantees that each plaintiff gets compensation proportionate to the extent of their injuries simultaneously. 

Mass Torts vs. Class Actions

Mass torts and class action lawsuits follow different legal procedures in New Hampshire. Class actions involve multiple plaintiffs suing a defendant collectively. Mass torts, on the other hand, involve numerous plaintiffs but are not structured as a single class. 

Here are some of the other key differences between mass tort and class action:

Nevertheless, mass tort and class action have similar objectives. They allow the consolidation of several lawsuits against the same defendant or group of defendants for decision-making.

The Mass Tort Process

The process for a mass tort is similar to that for a personal injury suit. Both undergo specific stages that may bring either a settlement or losses for both parties. The entire process may be lengthy, depending on how the attorney handles it. The assigned lawyer may team up with multiple firms or delay the filing, which can cause the lawsuit to be extended. Since mass tort legal actions involve multiple plaintiffs and lawyers, efficient management of the case is crucial.

Here are the key stages in the mass tort process:

1. The lawyer goes over the necessary documentation to assess the viability of the case.

2. The pattern of injury or similarities of the plaintiffs’ losses is determined to build a single case.

3. All lawsuits are consolidated and filed together to expedite the process. 

4. In a bellwether trial, a representative case is selected from among the plaintiffs' claims to be tried first. This case will be used as a benchmark to gauge the result of litigation.  

5. The lawyer initiates multidistrict litigation, where the judicial panel moves tort cases from various courts to one court for joint pretrial proceedings.

6. The involved parties determine the settlement or resolution of a case.

New Hampshire Tort Liability Insurance Requirements

The state of New Hampshire does not require liability insurance for businesses; however, it is recommended that business owners have coverage for financial responsibility in unfortunate events. General liability insurance, or commercial general liability insurance, serves to shield companies against lawsuits alleging personal injury or property damage to third parties. 

The Statute of Limitations for Tort Cases in New Hampshire

The majority of tort cases in New Hampshire have a three-year statute of limitations, in accordance with New Hampshire Revised Statutes 508:4. If someone gets hurt because of another person's carelessness, they have to start a lawsuit within three years to get money for their injuries. This time limit typically begins on the day the incident occurred. 

However, there are instances where the court allows plaintiffs to bring a lawsuit at a later date. One of these exceptions is when the injury is found or has been discovered under reasonable circumstances. This is called the discovery rule, which involves two criteria in order for the statute of limitations to begin to run:

• The plaintiff must have knowledge of their injury, or should have reasonable knowledge of it.

• The plaintiff must also know, or have a reasonable basis to know, that the defendant’s activities directly caused the injury.

Furthermore, New Hampshire sets another time limit for product liability tort or mass tort cases, which is within a 12-year period following the last time the manufacturer sold or owned the finished product or goods.

How Much Can Someone Sue in a Tort Case in New Hampshire?

In New Hampshire, compensatory damages in a tort case depend on various factors, such as the severity of the injury and the number of plaintiffs and defendants. There is a legal doctrine followed in the state called “apportionment of damages," which is the process of allocating damages among various parties found legally culpable in a lawsuit. Apportionment of damages is done in accordance with the level of fault or participation in the harm. 

Additionally, a contributory fault system is applied in New Hampshire for calculating damages. This means plaintiffs who are proven to have contributed to the injury will have their compensation deducted by the court. 

The available damages for tort cases in New Hampshire are:

• Enhanced compensatory damages. These damages aim to provide additional compensation to plaintiffs in certain cases, beyond the standard compensatory damages. In such cases, the jury may be instructed to double the compensatory damages awarded. Enhanced compensatory damages can be awarded to the plaintiff if it is proven that the defendant’s act is deliberate or causes serious harm, such as when a drunk driver injures someone.

• Noneconomic damages. These damages are immeasurable and do not include any direct financial losses, such as pain and suffering, loss of companionship, or emotional distress. There was an attempt to limit the noneconomic damages for injury cases in 1991 to $875,000; however, the court ruled that the capping went against the State Constitution’s equal protection clause. 

• Economic damages. This type of damages aims to reimburse plaintiffs for measurable financial losses brought on by the defendant’s wrongdoing. This covers out-of-pocket expenditures such as medical bills, property damage, and missed wages. The calculation of economic damages may vary depending on the specific tort case; thus, speaking with an experienced lawyer is advised for precise information. 

Immunity from Liability

There are individuals who are immune from liability in New Hampshire. These include government officials or employees who are carrying out official tasks within their jurisdictions and in good faith. Volunteers for nonprofit or charitable organizations that provide relief work in emergencies also have limited liability. There is also immunity for liability applied to fire and rescue members and fire departments. However, the immunity does not apply to losses resulting from deliberate wrongdoing, intentional tort, or operating under the influence of alcohol or drugs.

Other Legal Remedies in Tort Cases in New Hampshire

Aside from monetary awards, plaintiffs in tort cases in New Hampshire may receive other legal remedies:

• Injunction or injunctive relief. It is an order from the court that protects the plaintiffs by making the defendant stop doing something harmful. There are three types of injunctions: temporary, perpetual, and mandatory. 

• Restitution. The court can order restitution in tort cases involving unjust treatment. The goal is to return to the plaintiff the properties that have been misplaced or stolen or to make recompense for the loss. The U.S. attorney’s office usually gets in touch with the victims to inform them regarding their restitution and guide them on the procedure. 

Resources for Tort Victims in New Hampshire

603 Legal Aid

603 Legal Aid is a non-profit group that caters to low-income individuals in New Hampshire. Its volunteer lawyers represent people whose basic human needs are threatened by economic hardships and those who are facing non-criminal legal problems. It may provide education and phone legal advice or refer individuals to an attorney practicing in a specific area of law. 603 Legal Aid was founded through the merger of the Legal Advice & Referral Center and the Pro Bono Referral Program in 2021.

Contact Information
Address: 93 North State Street, Suite 200, Concord, NH 03301
Phone: 1 (800) 639-5290 or (603) 224-3333

New Hampshire Legal Assistance

New Hampshire Legal Assistance is a nonprofit law firm serving low-income individuals and older adults. It handles various civil legal matters, representing plaintiffs in court and negotiating on their behalf. In addition, the firm manages major litigation and advocates changes to public policy. In 1971, two smaller programs serving the North County — Southern New Hampshire Legal Services and Tri-County Legal Services — merged to form the NHLA.

Contact Information
Address: (Admin Office)  117 North State Street, Concord, NH 03301 
Toll-free phone: (All Offices): 1-800-562-3174
Fax: (All Offices): 1-833-722-0271

American Civil Liberties Union of New Hampshire

The ACLU-NH is a nonpartisan, nonprofit group dedicated to protecting every person’s rights and liberty as established by the Bill of Rights and the Constitution. It offers legal representation, creates educational campaigns, and advocates laws promoting civil liberties. ACLU-NH, one of the 53 affiliations of ACLU nationwide, has been in operation since 1968.

Contact Information
Phone: 603-225-3080, ext. 105
Email: info@aclu-nh.org

New Hampshire Free Legal Answers

The New Hampshire Free Legal Answers is a virtual legal aid clinic composed of pro bono lawyers in the state. Its legal team answers the questions posted by qualified users on the website. Some of the legal problems they address are matters concerning civil rights, employment, and consumer rights. The NHFL is a project of the Standing Committee on Pro Bono and Public Service of the American Bar Association. 

NHBA Lawyer Referral Service - Full Fee Program

NHBA Lawyer Referral Service connects people in New Hampshire who need legal aid with specialized lawyers. Some of the issues handled by the attorneys are personal injury, medical malpractice, bankruptcy, and employment law. In exchange for matching them with a lawyer experienced in a particular area of law for their case, participants pay a standard consultation fee. The LRS-FF program aims to lower the cost of legal counsel and increase its accessibility for those in need. 

Contact Information
Phone: 603-229-0002