New Hampshire § 236:39 Civil Liability

New Hampshire Statutes

§ 236:39 — Civil Liability

New Hampshire·Title XX TRANSPORTATION·Ch. 236 HIGHWAY REGULATION, PROTECTION AND CONTROL REGULATIONS·Subdivision Liability for Obstruction or Injury to Highway

I.If any person, without authority, shall place any obstruction in a highway, or cause any defect, insufficiency, or want of repair of a highway which renders it unsuitable for public travel, he or she shall be liable to the state for all damages to the highway, including full and current replacement costs of protective barriers, and any structure or device that is part of the highway or turnpike system, when maintained by the state, or to the municipality for all damages to a highway, including full and current replacement costs of protective barriers and any structure or device that is part of the highway, when maintained by the municipality, and for all damages and costs which the state or municipality shall be compelled to pay to any person injured by such obstruction, defect, insuffi

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I. If any person, without authority, shall place any obstruction in a highway, or cause any defect, insufficiency, or want of repair of a highway which renders it unsuitable for public travel, he or she shall be liable to the state for all damages to the highway, including full and current replacement costs of protective barriers, and any structure or device that is part of the highway or turnpike system, when maintained by the state, or to the municipality for all damages to a highway, including full and current replacement costs of protective barriers and any structure or device that is part of the highway, when maintained by the municipality, and for all damages and costs which the state or municipality shall be compelled to pay to any person injured by such obstruction, defect, insufficiency, or want of repair as established through an appropriate contribution claim or under the rules of joint and several liability.
II. "Full and current replacement cost" as used in this section means actual or reasonable estimates of labor, including contracted labor, material, equipment, and overhead. Such costs shall not be reduced for depreciation.
III. This section applies to all pending claims, including but not limited to claims incurred before or after the effective date of this section, and future causes of action for liability and damages under this section.

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Legislative History

RS 59:5. CS 63:5. GS 70:7. GL 72:27; 76:7. PS 77:14. PL 92:15. RL 108:15. 1945, 188:1, part 19:33. RSA 249:38. 1981, 87:1. 2007, 332:1. 2008, 184:1, eff. Jan. 1, 2009. 2021, 91:134, eff. July 1, 2021; 185:4, eff. Oct. 9, 2021.