Comparative Negligence in New Hampshire
State-specific overview · Tort Law
New Hampshire bars recovery if you are as much or more at fault than the defendant; modified comparative negligence applies.
How New Hampshire treats Comparative Negligence
New Hampshire follows the 'not as great as' comparative negligence rule, preventing recovery when the plaintiff's negligence is equal to or greater than the defendant's. If you are 50% at fault, you cannot recover. If you are 49% at fault and the defendant 51%, you recover 51% of your damages. This rule creates a sharp cutoff that significantly impacts borderline cases.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Hampshire.