Contributory Negligence in New Hampshire

State-specific overview · Tort Law

Quick summary

New Hampshire uses pure comparative negligence; you recover your share regardless of your fault percentage.

How New Hampshire treats Contributory Negligence

New Hampshire applies pure comparative negligence, allowing a plaintiff to recover damages proportional to the defendant's fault even if the plaintiff is primarily responsible for the injury. Your award is reduced by your percentage of negligence. Unlike modified comparative negligence states, there is no bar to recovery based on reaching a certain fault threshold. This rule applies broadly across negligence claims in New Hampshire courts.

The general definition of Contributory Negligence

A plaintiff's own carelessness that partially caused their injury, reducing their recovery.

When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.

Read the full Contributory 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.