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New Hampshire

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 1

Med Pay Subrogation - No

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products 12 years
Statute of Repose: Real Property 8 years
Breach of Contract (Written) 20 years
Personal Property 3 years
Personal Injury 3 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES*
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

New Hampshire has a non-continuous wage attachment “on the books”. The process is seldom employed due to severe restrictions on its use, the cost, and the fact that many judges do not favor it and have discretion to disapprove it; The lien applies only to wages earned post-judgment. Under New Hampshire procedural rules, seeking a garnishment would therefore require the filing of a new lawsuit each time such an attachment is sought. The attachment only applies to wages earned up to the date of service. In other words, there is no provision for an ongoing garnishment; There is an exemption for earnings up to 50 times the minimum wage. New Hampshire does have a mechanism for establishing a court-supervised payment plan. This creates no lien against earnings, and is enforceable through contempt should the debtor default
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: Unlimited
Liability imposed when child vandalizes real or personal property and parent fails or neglects to supervise child, or to control conduct of child
 


Subrogation by Landlord's Carrier against Tenant

NO


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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