New Hampshire
How Farwell v. Keaton applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Torts.
New Hampshire follows the principles of Farwell v. Keaton when evaluating tort actions for negligence, particularly in relation to the duties owed among parties in a rescue context. The state emphasizes a duty of ordinary care, considering factors such as the relationship between parties and the foreseeability of harm.
In New Hampshire, a defendant may be held liable for negligence if they breach a duty of care towards another person, particularly in situations where a risk of harm can be reasonably foreseen.
The court held that a bystander had a duty to assist when a special relationship existed that created an expectation of aid.
This case established that the duty to rescue is not absolute but must consider the risks involved and the relationship of the parties.
The court affirmed that a failure to exercise reasonable care in hazardous situations could result in liability.
New Hampshire's approach aligns with the general federal standard that a duty of care is established based on foreseeability. However, New Hampshire may place additional emphasis on the relationships between individuals, which may not always be the primary focus in federal tort law.
Principles from Farwell v. Keaton may appear on the New Hampshire bar exam, specifically regarding negligence and duty of care scenarios.