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RSA 507-B:7 · Limitation on Actions

Title
LII: ACTIONS, PROCESS, AND SERVICE OF PROCESS
Chapter
507-B · BODILY INJURY ACTIONS AGAINST GOVERNMENTAL UNITS
Status
current
Official source linked
Yes
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507-B:7 Limitation on Actions. –

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I.

Except as provided in paragraph II, no actions shall be maintained against the governmental unit under this chapter unless the same is commenced within 3 years after the time of injury or damage, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of. As a condition precedent to commencement of the action, the clerk of the governmental unit shall be notified by registered mail within 60 days after the time of the injury or damage or discovery of the injury or damage, if it could not reasonably have been discovered at the time of the occurrence of the injury or damage, as to the date, time and location where the injury or damage occurred, and provided that in any case where lack of written notice, actual knowledge or reasonable opportunity to obtain knowledge of any injury or damage within the 60-day period is alleged by the governmental unit, the burden of proof shall be on the governmental unit to show that it was substantially prejudiced thereby.

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II.

A person, alleging to have been subjected to any offense under RSA 632-A or an offense under RSA 639:2 by a governmental unit, may commence an action at any time after the injury or damage occurs. The requirement for notification to the clerk of the governmental unit shall not apply to an action based on an offense under RSA 632-A or RSA 639:2. Source. 1975, 483:1. 1981, 376:7. 1989, 161:1, eff. May 17, 1989. 2020, 24:12, eff. Sept. 18, 2020.

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Source note

Source. 1975, 483:1. 1981, 376:7. 1989, 161:1, eff. May 17, 1989. 2020, 24:12, eff. Sept. 18, 2020.

Source history

  • 1975, 483:1
  • 1981, 376:7
  • 1989, 161:1, eff. May 17, 1989
  • 2020, 24:12, eff. Sept. 18, 2020

Related materials

Bill relationships

  • 2026 HB1064 amend · effective 2027-01-01

    be the limits in effect at the time of the judgment or settlement. 3 Bodily Injury Actions Against Governmental Units; Insurance Policies Procured by Governmental Agency. Amend RSA 507-B:7-a to read as follows: 507-B:7-a Insurance Policies Procured by Governmental Agency. It shall be lawful for the state or any municipal subdivision thereof, including any county, city, town, school district, school admin

  • 2026 HB1064 reference · effective 2027-01-01

    common law; provided, however, that liability in any such case shall not exceed the limits of coverage specified in the policy of insurance or as to governmental units defined in RSA 507-B, liability shall not exceed the policy or pooled risk limit or the limit specified in RSA 507-B:4, if applicable, whichever is higher, or for self-insurance, the limit specified in RSA 507-B:4, and the court shall abate

  • 2026 HB1064-FN reference · effective 2027-01-01

    common law; provided, however, that liability in any such case shall not exceed the limits of coverage specified in the policy of insurance or as to governmental units defined in RSA 507-B, liability shall not exceed the policy or pooled risk limit or the limit specified in RSA 507-B:4, if applicable, whichever is higher, or for self-insurance, the limit specified in RSA 507-B:4, and the court shall abate

  • 2026 HB1064-FN amend · effective 2027-01-01

    be the limits in effect at the time of the judgment or settlement. 3 Bodily Injury Actions Against Governmental Units; Insurance Policies Procured by Governmental Agency. Amend RSA 507-B:7-a to read as follows: 507-B:7-a Insurance Policies Procured by Governmental Agency. It shall be lawful for the state or any municipal subdivision thereof, including any county, city, town, school district, school admin

  • 2026 SB409 amend · effective 2027-01-01

    be the limits in effect at the time of the judgment or settlement. 5 Bodily Injury Actions Against Governmental Units; Insurance Policies Procured by Governmental Agency. Amend RSA 507-B:7-a to read as follows: 507-B:7-a Insurance Policies Procured by Governmental Agency. It shall be lawful for the state or any municipal subdivision thereof, including any county, city, town, school district, school adm

  • 2026 SB409 reference · effective 2027-01-01

    common law; provided, however, that liability in any such case shall not exceed the limits of coverage specified in the policy of insurance or as to governmental units defined in RSA 507-B, liability shall not exceed the policy or pooled risk limit or the limit specified in RSA 507-B:4, if applicable, whichever is higher, or for self-insurance, the limit specified in RSA 507-B:4, and the court shall abate

  • 2026 SB409-FN reference · effective 2027-01-01

    common law; provided, however, that liability in any such case shall not exceed the limits of coverage specified in the policy of insurance or as to governmental units defined in RSA 507-B, liability shall not exceed the policy or pooled risk limit or the limit specified in RSA 507-B:4, if applicable, whichever is higher, or for self-insurance, the limit specified in RSA 507-B:4, and the court shall abate

  • 2026 SB409-FN amend · effective 2027-01-01

    be the limits in effect at the time of the judgment or settlement. 5 Bodily Injury Actions Against Governmental Units; Insurance Policies Procured by Governmental Agency. Amend RSA 507-B:7-a to read as follows: 507-B:7-a Insurance Policies Procured by Governmental Agency. It shall be lawful for the state or any municipal subdivision thereof, including any county, city, town, school district, school adm

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