New Hampshire
How Cunningham v. City of San Francisco applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Torts.
New Hampshire applies the principles of governmental immunity from tort liability with a focus on whether the acts were discretionary or ministerial. As seen in its jurisprudence, New Hampshire tends to protect municipalities from tort claims unless an exception is applicable.
In New Hampshire, municipalities are generally immune from tort liability for discretionary actions unless a specific statutory exception applies, aligning with the principles of Cunningham regarding limited liability for municipalities.
The court affirmed that the state has sovereign immunity for discretionary functions, allowing recovery only under specific statutory exceptions.
The court determined that the city was immune from claims arising out of the design of its roadways as it constituted a planning function.
Established the distinction between discretionary acts and ministerial duties in determining municipal liability.
New Hampshire's approach emphasizes a stricter view of governmental immunity compared to the federal standard, which may permit broader claims against local government entities under federal civil rights laws. While Cunningham illustrates limitations on liability based on governmental functions, federal claims often bypass traditional sovereign immunity concepts.
Understanding the nuances of governmental immunity is crucial for the New Hampshire bar exam, especially in torts, where application of discretionary versus ministerial functions may appear in multiple questions.