New Hampshire
How Adams v. State of Alaska applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Torts.
New Hampshire law recognizes the doctrine of governmental immunity in torts, mirroring principles in Adams v. State of Alaska. However, exceptions exist where a plaintiff can show negligence, particularly in maintaining public property.
In New Hampshire, governmental entities can be held liable for torts when the act in question falls within a waiver of immunity, such as negligence in the maintenance of highways or public facilities.
The court allowed a claim against the state for negligence in failing to maintain a safe road leading to an accident.
The court ruled that the state can be liable for torts if the actions are not discretionary functions under RSA 508:14.
The court affirmed that the state could be liable for negligent construction of a public project.
New Hampshire's application of governmental immunity aligns in some respects with federal standards, specifically through the principle of discretionary function immunity. However, New Hampshire allows for more exceptions that enable tort claims against the state, deviating from more stringent federal protections.
Understanding the nuances of governmental immunity and exceptions in tort law is crucial for the New Hampshire bar, particularly in the context of liability for state actions.