reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507 - Actions › Section 507:10 - By or Against Executor.

507:10 By or Against Executor. –
An action by or against an executor or administrator shall be brought in the same county or judicial district thereof or in one of the counties or judicial district thereof in which it might have been brought by or against the testator or intestate at the time of his death; provided, that nothing in this section shall affect the right of any executor or administrator to maintain an action in the county or judicial district in which he or she is appointed.
Source.
RS 180:1. CS 191:1. GS 201:1. 1877, 42:1. GL 20:19; 220:1. 1885, 20:1. PS 216:1. 1905, 94:1. PL 328:2. RL 384:2. RSA 507:10. 1992, 284:43, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507 - Actions › Section 507:12 - Liens Not Affected by.

507:12 Liens Not Affected by. –
No lien obtained by attachment or otherwise shall be abated or in any way affected thereby.
Source.
1907, 135:2. PL 328:4. RL 384:4.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507 - Actions › Section 507:13 - County Expenses Where Venue Changed.

507:13 County Expenses Where Venue Changed. –
Whenever in any case the venue is changed by order of court, and the case is tried by a jury in the county to which it is transferred, such county shall have judgment and execution against the county from which it is transferred for the fees due jurors, sheriffs and the stenographer for travel, attendance and services while engaged in such trial, to be taxed, allowed and entered by the presiding justice.
Source.
1885, 20:1. PS 287:23. PL 328:5. RL 384:5.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507 - Actions › Section 507:15 - Penalties for Frivolous Actions.

507:15 Penalties for Frivolous Actions. –
If, upon the hearing of any contract or tort action, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may order summary judgment against the party who brought such action or raised such defense, and award the amount of costs and attorneys' fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable. The trial judge shall also report such conduct to the supreme court committee on professional conduct.
Source.
1986, 227:3. 1996, 2:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507 - Actions › Section 507:15-a - Vexatious Litigants.

507:15-a Vexatious Litigants. –
I. In this section, "vexatious litigant" means an individual who has been found by a judge to have filed 3 or more frivolous lawsuits which the judge finds, by clear and convincing evidence, were initiated for the primary purpose of harassment.
II. The court may require a vexatious litigant to:
(a) Retain an attorney or other person of good character to represent him or her in all actions; or
(b) Post a cash or surety bond sufficient to cover all attorney fees and anticipated damages.
Source.
2013, 181:1, eff. July 2, 2013.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507 - Actions › Section 507:15-b - Powers of Court.

507:15-b Powers of Court. –
RSA 507:15 and RSA 507:15-a shall not be construed to diminish the inherent power of any court to grant appropriate relief not specified in those sections.
Source.
2013, 181:1, eff. July 2, 2013.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507 - Actions › Section 507:16 - Punitive Damages Outlawed.

507:16 Punitive Damages Outlawed. –
No punitive damages shall be awarded in any action, unless otherwise provided by statute.
Source.
1986, 227:3, eff. July 1, 1986.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507 - Actions › Section 507:17 - Actions Against Governmental Units; Definition; Court Records.

507:17 Actions Against Governmental Units;  Definition;  Court Records. –
I. "Governmental unit" means the state and any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, school administrative unit, or departments or agencies thereof.
II. In any action against a governmental unit where the governmental unit has agreed to a settlement of such action, the complete terms of the settlement and the decree of the court judgment shall be available as a matter of public record pursuant to RSA 91-A.
III. The court may redact the names of minor children or any other person the court determines to be entitled to privacy.
Source.
2004, 246:1. 2008, 354:1, eff. Sept. 5, 2008.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-A - Defamation by Radio or Television › Section 507-A:1 - Liability for Lack of Due Care.

507-A:1 Liability for Lack of Due Care. –
The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement or matter published or uttered in or as a part of a visual or sound radio broadcast by one other than such owner, licensee or operator, or agent or employee thereof, unless it shall be alleged and proved by the complaining party that such owner, licensee or operator, or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement or matter in such broadcast; provided, however, that a bona fide compliance with the laws of the United States of America, or any regulation thereunder, shall be held to be the exercise of due care.
Source.
1959, 191:1, eff. Sept. 15, 1959.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-A - Defamation by Radio or Television › Section 507-A:2 - No Liability for Uncontrolled Statements by Political Candidates or Others.

507-A:2 No Liability for Uncontrolled Statements by Political Candidates or Others. –
In no event shall the owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, licensee or operator, be held liable for any damages for any defamatory statement or matter published or uttered over the facilities of such station or network of stations by or on behalf of any candidate for public office, or whenever the owner, licensee or operator shall have no power of control or censorship over the substance of the broadcast by reason of state or federal laws or regulations.
Source.
1959, 191:1, eff. Sept. 15, 1959.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-A - Defamation by Radio or Television › Section 507-A:3 - No Liability for Uncontrolled Network Broadcasts.

507-A:3 No Liability for Uncontrolled Network Broadcasts. –
If any defamatory statement or matter is published or uttered in or as a part of a broadcast over the facilities of a network of visual or sound radio broadcasting stations, the owner, licensee or operator of any such station or network of stations, and the agents or employees thereof, other than the owner, licensee or operator of the station or network of stations originating such broadcasts, and the agents or employees thereof, shall in no event be liable for any damages for any such defamatory statement or matter.
Source.
1959, 191:1, eff. Sept. 15, 1959.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:1 - Definitions.

507-B:1 Definitions. –
In this chapter:
I. "Governmental unit" means any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, school administrative unit, or departments or agencies thereof, or any other body corporate and politic within the state, but does not include the state or any department or agency thereof.
I-a. "Employee or official of a governmental unit" means any member or officer of its governing board, administrative staff, or agencies, including but not limited to county employees, selectmen, school board members, chartered public school trustees, city councilors and aldermen, town councilors, town and city managers, mayors, regional planning commissioners, town and city health officials, police officers, overseers of public welfare, superintendents of schools, and all other employees and officials whether elected or appointed, and whether paid or unpaid, provided he or she is acting within the scope of his or her official duties.
II. "Action to recover for bodily injury" means an action arising out of bodily injury, including an action brought under RSA 556:9-14, whether brought by or on behalf of the person actually sustaining bodily injury or brought by any other person to whom rights may accrue arising out of such injury, regardless of the nature of the damages claimed.
III. "Personal injury" means:
(a) Any injury to the feelings or reputation of a natural person, including but not limited to, false arrest, detention or imprisonment, malicious prosecution, libel, slander, or the publication or utterance of other defamatory or disparaging material, invasion of an individual's right of privacy, invasion of the right of private occupancy, wrongful entry or eviction, mental injury, mental anguish, shock, and, except when against the public policy or the laws of New Hampshire, or both, discrimination; and
(b) Any injury to intangible property sustained by any person as a result of false eviction, malicious prosecution, libel, slander, or defamation.
The term "personal injury" shall not include "bodily injury" or "property damage."
IV. "Property damage" means a loss through injury to, or destruction of, tangible property or real estate.
V. "Pollutant incident" means any emission, discharge, release, or escape of any irritants, noxious substances or radioactive materials, in any physical state, into or upon land, the atmosphere, or any watercourse or body of water, including but not limited to all wastes and materials as defined in RSA 146-A, 147-A, 147-B and 149-M.
Source.
1975, 483:1. 1981, 376:1. 1986, 227:9. 1995, 260:7. 2008, 354:1, eff. Sept. 5, 2008. 2018, 125:1, 2, eff. May 30, 2018.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:2 - Liability for Negligence.

507-B:2 Liability for Negligence. –
A governmental unit may be held liable for damages in an action to recover for bodily injury, personal injury or property damage caused by its fault or by fault attributable to it, arising out of ownership, occupation, maintenance or operation of all motor vehicles, and all premises; provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422.
Source.
1975, 483:1. 1981, 376:2. 1991, 385:9, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:2-a - Repealed by 1991, 385:10, IV, eff. Jan. 1, 1992.

507-B:2-a Repealed by 1991, 385:10, IV, eff. Jan. 1, 1992. –
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:2-b - Snow, Ice, and Other Weather Hazards.

507-B:2-b Snow, Ice, and Other Weather Hazards. –
Notwithstanding RSA 507-B:2, a governmental unit shall not be liable for damage arising from insufficiencies or hazards on any premises owned, occupied, maintained, or operated by it, even if it has actual notice of them, when such hazards are caused solely by snow, ice, or other inclement weather, and the governmental unit'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 a winter or inclement weather maintenance policy or set of priorities with respect to such premises, adopted in good faith by the official responsible for such policy. All governmental units, officials, and agents shall be presumed to be acting pursuant to such a policy or set of priorities in the absence of proof to the contrary. Municipal winter maintenance programs certified under RSA 489-C:2-a shall be presumed to meet the standards herein for all public roads, parking areas, and walkways in the absence of proof to the contrary.
Source.
1995, 109:2. 1998, 249:1, eff. Jan. 1, 1999. 2018, 125:3, eff. May 30, 2018. 2021, 204:2, Pt. III, Sec. 6, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:3 - Compulsory Consolidation of Actions.

507-B:3 Compulsory Consolidation of Actions. –
All actions to recover for bodily injury, personal injury or property damage arising out of bodily injury, personal injury or property damage to one person shall be tried together, and not otherwise.
Source.
1975, 483:1. 1981, 376:4, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:4 - Limit of Liability.

507-B:4 Limit of Liability. –
I. Liability of a governmental unit for bodily injury, personal injury or property damage sustained by any one person in actions brought under this chapter is limited to $325,000. Such limit applies in the aggregate to any and all actions to recover for bodily injury, personal injury or property damage sustained by one person in a single incident or occurrence. Liability of a governmental unit for bodily injury, personal injury, or property damage sustained by any number of persons in a single incident or occurrence is limited to $1,000,000. The limits applicable to any action shall be the limits in effect at the time of the judgment or settlement.
II. The court shall award no punitive damages against a governmental unit for bodily injury, personal injury or property damage.
III. The jury shall not be informed of the limits in paragraph I but the court shall abate any verdict to the extent it exceeds the limits prescribed in this section. In actions consolidated under RSA 507-B:3, in the event the verdicts exceed the limits prescribed in this section, the verdicts shall be abated pro rata. Interest and costs may be recovered as in any civil action, in addition to the limits prescribed in this section.
IV. If any claim is made or any civil action is commenced against a present or former employee, trustee, or official of a governmental unit seeking equitable relief or claiming damages, the liability of said employee or official shall be governed by the same principles and provisions of law and shall be subject to the same limits as those which govern governmental unit liability, so long as said employee or official was acting within the scope of his or her office and reasonably believed in the legality of his or her actions.
Source.
1975, 483:1. 1981, 376:5. 1986, 227:8. 1995, 260:8. 2007, 356:1. 2008, 354:1, eff. Sept. 5, 2008. 2018, 125:4, eff. May 30, 2018.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:5 - Effect on Common Law.

507-B:5 Effect on Common Law. –
No governmental unit shall be held liable in any action to recover for bodily injury, personal injury or property damage except as provided by this chapter or as is provided or may be provided by other statute.
Source.
1975, 483:1. 1981, 376:6, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:6 - Property Exempt From Attachment.

507-B:6 Property Exempt From Attachment. –
No property, either real or personal, of the governmental unit shall be subject to attachment or execution to secure payment of or to satisfy any judgment entered against the governmental unit under this chapter.
Source.
1975, 483:1, eff. July 1, 1975.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:7 - Limitation on Actions.

507-B:7 Limitation on Actions. –
I. Except as provided in paragraph II, no actions shall be maintained against the governmental unit under this chapter unless the same is commenced within 3 years after the time of injury or damage, 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. As a condition precedent to commencement of the action, the clerk of the governmental unit shall be notified by registered mail within 60 days after the time of the injury or damage or discovery of the injury or damage, if it could not reasonably have been discovered at the time of the occurrence of the injury or damage, as to the date, time and location where the injury or damage occurred, and provided that in any case where lack of written notice, actual knowledge or reasonable opportunity to obtain knowledge of any injury or damage within the 60-day period is alleged by the governmental unit, the burden of proof shall be on the governmental unit to show that it was substantially prejudiced thereby.
II. A person, alleging to have been subjected to any offense under RSA 632-A or an offense under RSA 639:2 by a governmental unit, may commence an action at any time after the injury or damage occurs. The requirement for notification to the clerk of the governmental unit shall not apply to an action based on an offense under RSA 632-A or RSA 639:2.
Source.
1975, 483:1. 1981, 376:7. 1989, 161:1, eff. May 17, 1989. 2020, 24:12, eff. Sept. 18, 2020.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:7-a - Insurance Policies Procured by Governmental Agency.

507-B:7-a Insurance Policies Procured by Governmental Agency. –
It shall be lawful for the state or any municipal subdivision thereof, including any county, city, town, school district, school administrative unit or other district, to procure the policies of insurance described in RSA 412. In any action against the state or any municipal subdivision thereof to enforce liability on account of a risk so insured against, the insuring company or state or municipal subdivision thereof shall not be allowed to plead as a defense immunity from liability for damages resulting from the performance of governmental functions, and its liability shall be determined as in the case of a private corporation except when a standard of care differing from that of a private corporation is set forth by statute; provided, however, that liability in any such case shall not exceed the limits of coverage specified in the policy of insurance or as to governmental units defined in RSA 507-B, liability shall not exceed the policy limit or the limit specified in RSA 507-B:4, if applicable, whichever is higher, and the court shall abate any verdict in any such action to the extent that it exceeds such limit.
Source.
2003, 144:14, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:8 - Appropriation to Satisfy Judgment.

507-B:8 Appropriation to Satisfy Judgment. –
Upon entry of final judgment against the governmental unit in any action brought under this chapter, the body charged with the appropriation of funds for the governmental unit shall provide funds through insurance or otherwise to satisfy said judgment within a reasonable time.
Source.
1975, 483:1, eff. July 1, 1975.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:9 - Pollutant Liability Standard.

507-B:9 Pollutant Liability Standard. –
I. Notwithstanding any other provision of law, the liability of any governmental unit or public employee for any personal injury, bodily injury, or property damage caused by or resulting from pollutant incidents including, but not limited to, per and polyfluorochemical contamination, shall only be based upon a showing by a preponderance of the evidence that the acts or omissions of the governmental unit were unreasonable. The acts or omissions of a governmental unit or public employee shall be conclusively presumed to be reasonable if they are in accord with the generally prevailing state of the art, scientific knowledge, and technology available to the governmental unit at the time the acts or omissions were undertaken or made by the governmental unit or public employee.
II. If the fault of the governmental unit or public employee arising from a pollutant incident is 50 percent or greater, liability shall be joint and several. Otherwise, governmental units or public employees shall be liable only to the extent that their acts or omissions contributed to the causation of the personal injury, bodily injury, or property damage.
III. The doctrines of strict liability or absolute liability shall not be the basis of liability of a governmental unit or public employee for any personal injury, bodily injury, or property damage caused by pollutant incidents.
Source.
1986, 227:10, eff. June 6, 1986. 2020, 30:8, eff. July 23, 2020.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:10 - Statutory Construction.

507-B:10 Statutory Construction. –
Nothing contained in this chapter shall be construed to modify or limit the duties, responsibilities or liabilities of government units or their agents owed to the state for pollutant containment, cleanup, removal and restoration as established under state public health and environmental statutes, including but not limited to the following:
I. RSA 125-C, relative to air pollution control.
II. RSA 146-A, relative to oil spillage in public waters.
III. RSA 147, relative to sanitation.
IV. RSA 147-A, relative to hazardous waste management.
V. RSA 147-B, relative to the hazardous waste cleanup fund.
VI. RSA 485, relative to the safe drinking water act.
VII. RSA 485-A, relative to pollution and waste disposal.
VIII. RSA 149-M, relative to solid waste management.
Source.
1986, 227:10. 2004, 116:7, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-B - Bodily Injury Actions Against Governmental Units › Section 507-B:11 - Use of Municipal and School District Facilities for Skateboarding, Rollerblading, Stunt Biking, or Rollerskiing.

507-B:11 Use of Municipal and School District Facilities for Skateboarding, Rollerblading, Stunt Biking, or Rollerskiing. –
A municipality or school district, which without charge permits any person to use a facility operated by the municipality or school district for the purpose of skateboarding, rollerblading, stunt biking, or rollerskiing, shall not be liable for personal injury or property damage resulting from the person's participation in such activity, in the absence of gross and wanton negligence.
Source.
1995, 111:1. 1997, 62:1. 2000, 237:1, eff. June 6, 2000.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:1 - Definitions.

507-C:1 Definitions. –
As used in this chapter:
I. "Action for medical injury" means any action against a medical care provider, whether based in tort, contract or otherwise, to recover damages on account of medical injury.
II. "Medical care provider" means a physician, physician's assistant, registered or licensed practical nurse, hospital, clinic or not-for-profit home health care agency licensed by the state or otherwise lawfully providing medical care or services, or an officer, employee or agent thereof acting in the course and scope of employment.
III. "Medical injury" or "injury" means any adverse, untoward or undesired consequences arising out of or sustained in the course of professional services rendered by a medical care provider, whether resulting from negligence, error or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:2 - Burden of Proof.

507-C:2 Burden of Proof. –
I. In any action for medical injury, the plaintiff shall have the burden of proving by affirmative evidence consisting of the expert testimony of a competent witness or witnesses:
(a) The standard of acceptable professional practice in the medical care provider's profession or specialty thereof, if any, at the time the medical care in question was rendered; and
(b) That the medical care provider failed to act in accordance with such standard; and
(c) That as a proximate result thereof, the injured person suffered injuries which would not otherwise have occurred.
II. Without limiting the applicability of paragraph I of this section, where the plaintiff claims that a medical care provider failed to supply adequate information to obtain the informed consent of the injured person:
(a) The plaintiff shall have the burden of proving by affirmative evidence, consisting of expert testimony of a competent witness or witnesses, that the treatment, procedure or surgery was performed in other than an emergency situation and that the medical care provider did not supply that type of information regarding the treatment, procedure or surgery as would customarily have been given to a patient in the position of the injured person or other persons authorized to give consent for such a patient by other medical care providers with similar training and experience at the time of the treatment, procedure or surgery.
(b) In determining whether the plaintiff has satisfied the requirements of subparagraph (a) of this paragraph, the following matters shall also be considered as material issues:
(1) Whether a person of ordinary intelligence and awareness in a position similar to that of the injured person or person giving consent on his behalf could reasonably be expected to know of the risks or hazards inherent in such treatment, procedure or surgery;
(2) Whether the injured person or the person giving consent on his behalf knew of the risks or hazard inherent in such treatment, procedure or surgery;
(3) Whether the injured party would have undergone the treatment, procedure or surgery regardless of the risk involved or whether he did not wish to be informed thereof;
(4) Whether it was reasonable for the medical care provider to limit disclosure of information because such disclosure could be expected to adversely and substantially affect the injured person's condition.
III. In any action for medical injury, the doctrine of res ipsa loquitur shall not apply.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:3 - Qualified Testimony.

507-C:3 Qualified Testimony. –
In any action for medical injury:
I. No witness is competent to give the expert testimony required by RSA 507-C:2 unless the court finds that the witness was competent and duly qualified to render or supervise equivalent care to that which is alleged to have caused the medical injury at the time that such care was rendered.
II. No witness whose compensation for his services is in any way dependent on the outcome of the case shall be permitted to give the expert testimony required by RSA 507-C:2.
III. No medical care provider shall be required to give expert opinion testimony against himself or herself as to any of the matters set forth in RSA 507-C:2. However, this prohibition does not apply if the medical care provider has previously and voluntarily given such expert opinion testimony favorable to himself or herself at the trial.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:4 - Statute of Limitations.

507-C:4 Statute of Limitations. –
Notwithstanding any other provision of law, all actions for medical injury shall be commenced within 2 years of the act, omission or failure complained of, except that where the action is based upon discovery of a foreign object in the body of the injured person which is not discovered and could not reasonably have been discovered within such 2-year period, the action may be commenced within 2 years of the date of discovery or of the date of discovery of facts which would reasonably lead to discovery, whichever is earlier. This section applies to all persons regardless of minority or other legal disability, except that a minor under the age of 8 years at the time of the act, omission or failure complained of shall in any event have until his tenth birthday in which to commence an action.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:5 - Notice of Intent to Sue.

507-C:5 Notice of Intent to Sue. –
No action for medical injury shall be commenced until at least 60 days after service upon the person or persons alleged to be liable, by certified or registered mail, of a written notice of claim setting forth, under oath, the nature and circumstances of the alleged injuries and the damages claimed. If the notice is served within 60 days of the expiration of the period for bringing suit described in RSA 507-C:4, the time for commencement of the action shall be extended 60 days from the service of the notice.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:6 - Elimination of Ad Damnum.

507-C:6 Elimination of Ad Damnum. –
In any action for medical injury, the declaration or other affirmative pleading shall not specify the amount of damages claimed, but shall, instead, contain a general allegation of damage and shall state that the damages claimed are within any minimum or maximum jurisdictional limits of the court to which the pleading is addressed. At any time after service of the pleading, the defendant may, by special interrogatory, which shall be answered within 15 days, demand a statement of the amount of damages claimed by the plaintiff. The information provided in response to the special interrogatory shall not be admissible in evidence at trial, nor shall it be communicated to the jury in argument or otherwise.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:7 - Damages Recoverable.

507-C:7 Damages Recoverable. –
In any action for medical injury:
I. The damages awarded may include compensation for actual economic losses suffered by the injured person by reason of medical injury, including but not limited to, the cost of reasonable and necessary medical care, rehabilitation services, custodial care, loss of services and loss of earnings or earning capacity. The defendant may introduce evidence of amounts recovered or recoverable by or on behalf of the injured person from health, accident, sickness or income-disability insurance or from governmental, employment, service or other benefit programs. Where the defendant does so, the plaintiff may introduce evidence of the total of any amounts which the plaintiff has paid or contributed to secure his right to any such benefits as to which the defendant has introduced evidence. When such evidence is introduced, the jury shall be instructed to reduce the award for economic loss by a sum equal to the difference between the total benefits received and the total amount paid by the plaintiff to secure such benefits.
II. The damages awarded may include compensation for pain and suffering or other non-economic loss. However, compensation for non-economic losses shall in no event exceed the sum of $250,000.
III. In the event of a verdict for the plaintiff, the finder of fact shall separately state its awards for past and future economic losses and for past and future non-economic losses. In trials to a jury, the jury shall not be informed of the limit prescribed in paragraph II of this section, but if the jury awards an amount in excess of the limit, the court shall reduce the amount of damages awarded to conform to the limit.
IV. In the event of a judgment for the plaintiff, if the award for future damages exceeds $50,000, the court may, at the request of either party, order that the future damages of the injured person be paid in whole or in part by periodic payments as determined by the court, rather than by lump sum payment, on such terms as the court deems just and equitable. As a condition to authorizing periodic payments of future damages, the court may order a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages. In the event of the death of the injured person prior to completion of installment payments, upon motion of any party at interest, the court shall modify the order by deducting from the remaining balance the amount thereof representing unpaid compensation for future non-economic loss and future expenses of care and by ordering the remainder to be paid to the estate of the decedent.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:8 - Contingent Fees.

507-C:8 Contingent Fees. –
I. In any action for medical injury, no attorney representing any party to such action shall contract for, charge or collect on a contingent fee basis any fee for his services to such party in excess of the following limits:
(a) Fifty percent of the first $1,000 recovered;
(b) Forty percent of the next $2,000 recovered;
(c) Thirty-three and one-third percent of the next $97,000 recovered;
(d) Twenty percent of all in excess of $100,000 recovered;
(e) Where the amount recovered is for the benefit of an infant or incompetent and the action is settled without trial, the foregoing limits shall apply, except that the fee in any amount recovered up to $50,000 shall not exceed 25 percent.
II. No attorney shall enter into such a contingent fee arrangement with his client without first advising the client of his 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 services.
III. Such contingent legal fee shall be computed on the net sum recovered by the client after deducting disbursements made in connection with the institution and prosecution of the client's claim and litigation.
IV. The contingent legal fee within the permissible maximum limits shall include legal services rendered in any appeal or review or in any retrial, but this shall not be deemed to require an attorney to take an appeal.
V. If, at the conclusion of any action for medical injury, an attorney considers that the fee limitations prescribed in paragraph I of this section are insufficient, he may apply to the court, with written notice to the client, for an increase in the fee, which the court, after hearing, may grant in such amount, if any, as is deemed reasonable under the circumstances of the case.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:9 - Baseless Pleadings.

507-C:9 Baseless Pleadings. –
In any action for medical injury, claims, defenses or denials made without reasonable cause and found to be untrue shall subject the party pleading them to the payment of reasonable expenses actually incurred by the other party by reason of the untrue pleading, including reasonable attorney's fees, to be taxed by the court upon motion made within 30 days of judgment.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-C - Actions for Medical Injury › Section 507-C:10 - Applicability.

507-C:10 Applicability. –
This chapter applies to all causes of action for medical injury accruing after September 3, 1977, and as to such causes of action, shall supersede any inconsistent provision of law. In addition, this chapter applies to causes of action accruing prior to September 3, 1977, upon which no action has been instituted as of September 3, 1977, except that the time for bringing such actions as specified in RSA 507-C:4 shall be computed from September 3, 1977.
Source.
1977, 417:22, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-D - Product Liability Actions › Section 507-D:1 - Definitions.

507-D:1 Definitions. –
As used in this chapter:
I. "Product liability action" means any action brought for or on account of personal injury, death or property damage or other damage caused by or resulting from the development, manufacture, construction, design, formula, preparation, assembly, testing, warning, instructing, advertising, marketing, certifying, packaging, or labeling of any product. The term includes all such actions, regardless of the legal theory relied upon, whether strict liability in tort, negligence, breach of warranty, breach of or failure to discharge a duty to warn or instruct, misrepresentation, concealment, nondisclosure or any other theory whatsoever.
II. "Risk" means any risk, danger, hazard, defect, condition or adverse effect or side effect of the product in question.
III. "User" means a purchaser, or any individual who uses or consumes the product. Where the user is under legal disability, the term also includes the user's legal representative. Where the user is an employee who has been using the product while acting within the scope of employment, the term also includes the employee's employer or co-employee. The term also includes any person who, while acting on behalf of the user, was in possession and control of the product in question.
Source.
1978, 31:1, eff. Aug. 22, 1978.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-D - Product Liability Actions › Section 507-D:2 - Limitation of Product Liability Actions.

507-D:2 Limitation of Product Liability Actions. –
Notwithstanding any other provision of law, all product liability actions must be commenced within the following time limits and not otherwise:
I. Within 3 years of the time the injury is, or should, in the exercise of reasonable diligence, have been discovered by the plaintiff; and
II. (a) No later than 12 years after the manufacturer of the final product parted with its possession and control or sold it, whichever occurred last; or
(b) Where the defendant is a lessor, bailor or licensor of a product who is under a legal duty to inspect, maintain, repair, modify, alter or improve the product in question, no later than 12 years after the time at which the defendant ceases to have the use, possession or control of the product or ceases to be under the legal duty to inspect, maintain, repair, modify or improve it; or
(c) Where the plaintiff's action is based upon a legal duty imposed by any governmental regulatory agency to alter, repair, recall, inspect or issue warnings or instructions about the product or otherwise to take any action or precaution for the benefit of the injured party, which legal duty arose after the defendant parted with possession and control of the product or sold the product, whichever came last, no longer than 6 years after the defendant first incurred the legal duty. This subparagraph does not shorten the time period established in subparagraphs (a) and (b) of this paragraph.
III. Where the action is brought to recover indemnity or contribution for damages paid to or claimed by another, the action must be commenced within the same period established in RSA 507-D:2, I and II, plus 90 days.
IV. The limitation periods established in RSA 507-D:2, I, II and III do not apply to actions based on the defendant's fraudulent misrepresentation, concealment or nondisclosure, or to any actions based upon a written contractual obligation which provides for a different period of limitation, or to actions brought under RSA 382-A:2-313, 2-314 or 2-315 which do not seek damages for or on account of injury to person or property.
Source.
1978, 31:1, eff. Aug. 22, 1978.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-D - Product Liability Actions › Section 507-D:3 - Modification or Alteration of Products.

507-D:3 Modification or Alteration of Products. –
In any product liability action, the defendant may be held liable only for harm that would have occurred if the product had been used in its unaltered and unmodified condition and shall not be held liable for harm arising in any part from alteration or modification of the product by another. For the purpose of this section, alteration or modification includes failure to observe routine care and maintenance, but does not include ordinary wear and tear or alterations or modifications made in accordance with specifications or instructions furnished by the defendant.
Source.
1978, 31:1, eff. Aug. 22, 1978.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-D - Product Liability Actions › Section 507-D:4 - Repealed by 1988, 39:3, eff. Jan. 1, 1989.

507-D:4 Repealed by 1988, 39:3, eff. Jan. 1, 1989. –
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-D - Product Liability Actions › Section 507-D:5 - Applicability.

507-D:5 Applicability. –
This chapter applies to all product liability actions accruing after August 22, 1978, and, as to such actions, shall supersede any inconsistent provision of law. In addition, this chapter applies to causes of action accruing prior to August 22, 1978, upon which no action has been instituted as of August 22, 1978, except that the time for bringing such actions as specified in RSA 507-D:2 shall be computed from August 22, 1978.
Source.
1978, 31:1, eff. Aug. 22, 1978.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 507-E - Medical Injury Actions › Section 507-E:1 - Definitions.

507-E:1 Definitions. –
As used in this chapter:
I. "Action for medical injury" means any action against a medical care provider, whether based in tort, contract or otherwise, to recover damages on account of medical injury.
II. "Medical care provider" means a physician, physician's assistant, registered or licensed practical nurse, hospital, clinic or other health care agency licensed by the state or otherwise lawfully providing medical care or services, or an officer, employee or agent thereof acting in the course and scope of employment.
III. "Medical injury" or "injury" means any adverse, untoward or undesired consequences arising out of or sustained in the course of professional services rendered by a medical care provider, whether resulting from negligence, error, or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
Source.
1986, 227:4, eff. July 1, 1986.