§ 508:22 — Liability Limited for Winter Maintenance

I. No commercial applicator as defined in RSA 489-C:1, II and certified under RSA 489-C:2, or his or her employer or principal, or an owner, occupant, or lessee of land whose premises is maintained by a commercial applicator certified under RSA 489-C:2, whether by contract with the commercial applicator or his or employer or principal, shall be liable for damages arising from insufficiencies or hazards on any premises owned, occupied, maintained, or operated by them, even with actual notice thereof, when such hazards are caused solely by snow or ice, and the failure or delay in removing or mitigating such hazards is the result of the implementation, absent gross negligence or reckless disregard of the hazard, of best management practices for winter road, parking lot, and sidewalk maintenance adopted and published by the department of transportation and the department of environmental services. All commercial applicators, owners, occupants, or lessees who adopt such best management practices shall be presumed to be acting pursuant to the best management practices in the absence of proof to the contrary.
II. In order to receive the liability protection provided in paragraph I, a commercial applicator as defined in RSA 489-C:1, II, or an owner, occupant, or lessee of land shall keep a written record describing its winter road, parking lot and property maintenance practices. The written record shall include the type of de-icing materials used, the rate or quantity of deicing materials used, the dates of treatment, and the weather conditions for each event requiring de-icing. Such records shall be kept for a period of 3 years.

Legislative History

2013, 144:123, eff. Sept. 26, 2013. 2021, 204:2, Pt. III, Sec. 7, eff. July 1, 2021.