New Hampshire

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (NEW HAMPSHIRE)

Personal Injury - 3 yrs.* [N.H. Rev. Stat. § 508:4]

Wrongful Death - 3 yrs.* [N.H. Rev. Stat. § 508:4](a separate 6-yr. statute exists in § 556:11, but it is “subject to the provisions of § 508”]

Med Mal - Most likely the Personal Injury statute applies (the 2-yr. Med Mal statute found in N.H. Rev. Stat. § 507-C:4 was declared unconstitutional)

Property Damage - 3 yrs.* [N.H. Rev. Stat. § 508:4]

Contracts (Written and Oral) - 3 yrs. [N.H. Rev. Stat. § 508:4]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. [N.H. Rev. Stat. § 382-A:2-725]

 

*When the injury and its causal relationship to the act/omission were not discovered and could not reasonably have been discovered, the statute of limitations begins to run from the time of discovery [N.H. Rev. Stat. § 508:4]

 

 

 

Statutes of Repose (NEW HAMPSHIRE)

Products - None (declared unconstitutional)

Construction or Real Property - 8 yrs. [N.H. Rev. Stat. § 508:4-b].

 

 

Claims Against Public/Gov. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (NEW HAMPSHIRE)

Against State - Notice within 180 days and Suit within 3 yrs. [N.H. Rev. Stat. § 541-B:14]

Against City/County - Notice within 60 days and Suit within 3 yrs. [N.H. Rev. Stat. § 507-B:7]

 

 

 

Comparative Negligence (NEW HAMPSHIRE)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [N.H. Rev. Stat. § 507:7-d]

 

 

 

Made Whole Doctrine (MWD) (NEW HAMPSHIRE)

MWD has been recognized/applied only in the context of health insurance subrogation.  Subrogation by health Insurer is generally not allowed where Insured’s total recovery is less than Insured’s total loss [Dimick by Dimick v. Lewis, 497 A.2d 1221 (N.H. 1985)].  But when a policy contains a valid subrogation clause, Insurer's subrogation rights are determined by that clause [Blue Cross/Blue Shield of New Hampshire-Vermont v. St. Cyr, 459 A.2d 226 (N.H. 1983)]

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (NEW HAMPSHIRE)

There is virtually no case law addressing ELD.  Subsequent purchasers could not recover in tort for economic loss against builder of garage, who had been hired by first purchasers, when latent defects were discovered in garage; despite absence of privity of contract, subsequent purchasers were entitled to sue builder on theory of implied warranty of workmanlike quality [Lempke v. Dagenais, 547 A.2d 290 (N.H. 1988)]

 

However, condominium association’s allegations that, due to negligence of declarant and developer, roofs were defective and allowed water to flow into the buildings and units causing interior and exterior damages was not claim for purely economic loss [Border Brook Terrace Condominium Ass’n v. Gladstone, 622 A.2d 1248 (N.H. 1993)]

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (NEW HAMPSHIRE)

No requirements.

 

 

 

Landlord/Tenant Subrogation (NEW HAMPSHIRE)

No subrogation allowed, “Sutton Rule” applies.  Absent an express agreement in a residential lease that places liability upon Tenant for Tenant’s own negligence in causing a fire, Tenant is considered a coinsured [Cambridge Mut. Fire Ins. Co. v. Crete, 846 A.2d 521 (N.H. 2004)]

 

 

 

Reimbursement of Deductible(s) (NEW HAMPSHIRE)

No law available.

 

 

 

MedPay/PIP (NEW HAMPSHIRE)

MedPay and PIP - No subrogation allowed and/or no such coverage available.

 

 

 

Liability of Parents (NEW HAMPSHIRE)

Unlimited liability for failure to exercise reasonable supervision and control of the conduct of the child for acts of vandalism [N.H. Rev. Stat. § 507:8-e]

 

 

 

Joint Liability (NEW HAMPSHIRE)

Joint and several liability if Defendant is 50% or more at fault (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability).  Several liability if Defendant is less than 50% at fault (Plaintiff can recover from each Defendant only that Defendant’s share of liability).  Liability is joint and several (regardless of percentage of fault) if Defendants acted in concert. [N.H. Rev. Stat. § 507:7-e].

 

 

 

Independent Cause of Action for Evidence Spoliation (NEW HAMPSHIRE)

NH has not yet decided whether it is willing to recognize a separate tort for evidence spoliation [Rodriguez v. Webb, 680 A.2d 604 (N.H. 1996)]

 

 

 

Conflicts of Law (NEW HAMPSHIRE)

Torts - New Hampshire will apply a balancing test composed of five choice-influencing considerations: (1) predictability of results; (2) maintenance of reasonable orderliness and good relationships among the states in the federal system; (3) simplification of the judicial task; (4) advancement of governmental interest of the forum; and (5) court’s preference for what it regards as the sounder rule of law [Keeton v. Hustler Magazine, 549 A.2d 1187 (N.H. 1988)].  Contracts - Court will apply the law of the place of performance [J.H. Horne & Sons Co. v. Bath Fibre Co., 272 F.2d 8 (1st Cir. 1959)].