New Hampshire
How Black v. State of Michigan applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Torts.
New Hampshire follows the principle of sovereign immunity, similar to Michigan, but it incorporates a more nuanced approach to tort claims against the state. Courts in New Hampshire also allow for exceptions where waiver of immunity is applicable under specific statutory provisions.
In New Hampshire, the state may be liable for torts under RSA 541-B, which allows for certain claims against the state for negligent acts by its employees while acting within the scope of their employment.
The court recognized that the state could be liable under statutes permitting claims for negligent conduct, establishing parameters for state liability.
This decision highlighted the necessity of proving specific negligent acts to overcome the state’s sovereign immunity.
The court affirmed that the state retains a degree of immunity unless an applicable statute expressly waives it for the tort in question.
While both New Hampshire and federal standards recognize sovereign immunity, New Hampshire provides for more explicit exceptions in cases of negligence against the state. In contrast, federal standards under the Federal Tort Claims Act have broader provisions for claims against the federal government but also include exceptions that are strictly interpreted.
Understanding the nuances of sovereign immunity and exceptions in New Hampshire is crucial for the bar exam, particularly in torts involving state entities.