Text to be removed highlighted in red.
1 Liability for Injury to Highways; Civil Liability. Amend RSA 236:39 to read as follows:
236:39 Civil Liability. If any person, without authority, shall place any obstruction in a highway, or cause any defect, insufficiency, or want of repair of a highway or of any highway protection equipment which renders it unsuitable for public travel, he or she shall be strictly liable:
I. To the state for all damages to the highway, including replacement costs of protective barriers, when maintained by the state, indirect costs pursuant to an indirect cost recovery plan approved by the commissioner of administrative services under RSA 21-I:75, and labor and benefits costs,, or
II. To the municipality for all damages to a highway, including replacement costs of protective barriers, when maintained by the municipality; and
III. For all damages and costs which the state or municipality shall be compelled to pay to any person injured by such obstruction, defect, insufficiency, or want of repair as established through an appropriate contribution claim or under the rules of joint and several liability.
2 Effective Date. This act shall take effect January 1, 2018.
Text to be added highlighted in green.
1 Liability for Injury to Highways; Civil Liability. Amend RSA 236:39 to read as follows:
236:39 Civil Liability. If any person, without authority, shall place any obstruction in a highway, or cause any defect, insufficiency, or want of repair of a highway or of any highway protection equipment , he or she shall be strictly liable:
I. To the state for all damages to the highway, including replacement costs of protective barriers, when maintained by the state, indirect costs pursuant to an indirect cost recovery plan approved by the commissioner of administrative services under RSA 21-I:75, and labor and benefits costs,, or
II. To the municipality for all damages to a highway, including replacement costs of protective barriers, when maintained by the municipality; and
III. For all damages and costs which the state or municipality shall be compelled to pay to any person injured by such obstruction, defect, insufficiency, or want of repair as established through an appropriate contribution claim or under the rules of joint and several liability.
2 Effective Date. This act shall take effect January 1, 2018.