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2017 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.
Universal Citation: NH Rev Stat § 507-B:4 (2017)
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 $275,000. Such limit applies in the aggregate to any and all actions to recover for bodily injury, personal injury or property damage arising out of 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 $925,000. The limits applicable to any action shall be the limits in effect at the time of the judgment or stipulated 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 municipality or chartered public school 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 municipal liability, so long as said employee or official was acting within the scope of his office and in good faith.
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 $275,000. Such limit applies in the aggregate to any and all actions to recover for bodily injury, personal injury or property damage arising out of 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 $925,000. The limits applicable to any action shall be the limits in effect at the time of the judgment or stipulated 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 municipality or chartered public school 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 municipal liability, so long as said employee or official was acting within the scope of his office and in good faith.
Source. 1975, 483:1. 1981, 376:5. 1986, 227:8. 1995, 260:8. 2007, 356:1. 2008, 354:1, eff. Sept. 5, 2008.
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