Negligence in New Hampshire
State-specific overview · Tort Law
New Hampshire follows comparative negligence with a three-year statute of limitations and allows recovery even if plaintiff is mostly at fault.
How New Hampshire treats Negligence
New Hampshire permits plaintiffs to recover damages reduced by their percentage of fault, following a pure comparative negligence standard similar to Nevada. A plaintiff who is 95% negligent can still recover 5% of damages. The state's three-year statute of limitations (N.H. Rev. Stat. Ann. § 508:4) applies to personal injury negligence claims. New Hampshire courts require proof that the defendant's conduct deviated from the standard of care expected of a reasonable person in the same situation.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.