Sidewalk and Public Property Falls in New Hampshire

New Hampshire limits city and town liability for defective public highways and the sidewalks on them. A municipality is liable only if the defect was an 'insufficiency' (the way is not passable in any safe manner, or has a hidden hazard a careful traveler could not reasonably discover or avoid) and either (a) it received signed written notice of the insufficiency (to a selectman, highway agent, mayor or street commissioner, with a copy to the clerk) and failed to post warnings and, within 72 hours, plan and carry out repairs; (b) listed officials had actual knowledge and were grossly negligent or acted in bad faith; or (c) a municipal employee created the hazard intentionally, with gross negligence or reckless disregard. The lawsuit must describe with particularity how the municipality received actual notice, and damages are subject to the RSA 507-B:4 caps. The statutes read do not address liability of the owner of property next to the sidewalk.

Before suing a town, city, county, school district or other local governmental unit, the injured person must notify the unit's clerk by registered mail within 60 days after the injury (or after it was or reasonably could have been discovered) of the date, time and location where it occurred; if the government claims it lacked notice, it must show it was substantially prejudiced. The lawsuit must be filed within 3 years after the injury (or discovery). Liability is capped at $325,000 per person and $1,000,000 per incident, plus interest and costs, with no punitive damages. Claims against state agencies follow a separate statute (RSA 541-B).

Local governmental units (towns, cities, counties, school districts, etc.): as a condition of suing, the unit's clerk must be notified by registered mail within 60 days after the injury (or its discovery) of the date, time and location; the lawsuit must be filed within 3 years. Liability is capped at $325,000 per person and $1,000,000 per incident, with no punitive damages. State agencies: written notice of the date, time and location must be given to the agency within 180 days after the injury, and the claim must be brought within 3 years; awards are capped at $475,000 per claimant and $3,750,000 per incident (or available insurance, if greater), with no punitive damages. Lack of notice bars a claim only if the government shows it was substantially prejudiced.

Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them.