HB882 (2007) Detail

Relative to limitations on tort liability of government units.


CHAPTER 356

HB 882-FN – FINAL VERSION

04Apr2007… 1002h

05/24/07 1607s

27Jun2007… 2220cofc

2007 SESSION

07-0645

06/05

HOUSE BILL 882-FN

AN ACT relative to limitations on tort liability of government units.

SPONSORS: Rep. Sorg, Graf 3

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill increases the cap for tort liability of governmental units.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Apr2007… 1002h

05/24/07 1607s

27Jun2007… 2220cofc

07-0645

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to limitations on tort liability of government units.

Be it Enacted by the Senate and House of Representatives in General Court convened:

356:1 Limit of Liability. Amend RSA 507-B:4, I to read as follows:

I. Liability of a governmental unit for bodily injury, personal injury or property damage sustained by any one person in actions brought under this chapter is limited to [$150,000] $275,000. Such limit applies in the aggregate to any and all actions to recover for bodily injury, personal injury or property damage arising out of bodily injury, personal injury or property damage sustained by one person in a single incident or occurrence. Liability of a governmental unit for bodily injury, personal injury or property damage sustained by any number of persons in a single incident or occurrence is limited to [$500,000] $925,000. The limits applicable to any action shall be the limits in effect at the time of the judgment or stipulated settlement.

356:2 Limitation on Action and Claims. Amend RSA 541-B:14, I to read as follows:

I. All claims arising out of any single incident against any agency for damages in tort actions shall be limited to an award not to exceed [$250,000] $475,000 per claimant and [$2,000,000] $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA 507-B, whichever amount is greater; except that no claim for punitive damages may be awarded under this chapter. The limits applicable to any action shall be the limits in effect at the time of the judgment or stipulated settlement.

356:3 Effective Date. This act shall take effect upon its passage.

Approved: July 17, 2007

Effective: July 17, 2007