New Hampshire
How Auburn v. Evers applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Torts.
New Hampshire courts follow a standard of negligence consistent with the principles established in Auburn v. Evers, emphasizing the duty of care owed by individuals to others. The state requires a balancing of foreseeability and the gravity of potential harm when determining breach of duty in tort cases.
In New Hampshire, to establish negligence, a plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused damages as a result of the breach.
The court held that a party may be liable for negligence if the plaintiff can show that the defendant did not act with reasonable care under the circumstances.
The court affirmed that negligence claims must establish a clear link between the breach of duty and the resulting harm suffered by the plaintiff.
The ruling stated that a governmental entity could be held liable for negligence if it was acting in a proprietary capacity rather than its sovereign capacity.
New Hampshire's negligence standard aligns closely with the federal approach, which also requires a duty, breach, and causation to establish liability. However, New Hampshire may place a greater emphasis on the foreseeability of risk when assessing breach compared to some federal districts, which may rely on stricter interpretations of duty and breach.
Understanding the principles from Auburn v. Evers is critical for the New Hampshire bar exam as it encapsulates foundational negligence principles that are often tested in tort law.