HB1265 (2008) Detail

Establishing a duty for owners of businesses and institutions to provide protection to customers and employees and liability for failure to provide protection.


HB 1265 – AS INTRODUCED

2008 SESSION

08-2445

05/09

HOUSE BILL 1265

AN ACT establishing a duty for owners of businesses and institutions to provide protection to customers and employees and liability for failure to provide protection.

SPONSORS: Rep. Renzullo, Hills 27; Rep. Itse, Rock 9

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a duty for owners of businesses and institutions to provide protection to customers and employees if the business or institution limits the customers’ or employees’ right to self protection. The bill also provides liability for failure to provide such protection.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2445

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT establishing a duty for owners of businesses and institutions to provide protection to customers and employees and liability for failure to provide protection.

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

1 New Section; Duty to Provide Protection. Amend RSA 159 by inserting after section 19-a the following new section:

159:19-b Duty to Provide Protection. Any business or institution that provides for public access, that prevents, by rule, regulation, policy, or supervisory act, a customer, vendor, or employee from exercising his or her constitutional right to self-protection to which he or she would be legally entitled if not for that rule, regulation, policy, or supervisory act, is under a strict duty to provide the level of protection the customer, vendor, or employee would have absent said rule, regulation, policy, or supervisory act. Strict liability is the applicable standard for assessing responsibility.

2 Effective Date. This act shall take effect January 1, 2009.