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RSA 507-B:9 · Pollutant Liability Standard

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:9 Pollutant Liability Standard. –

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Notwithstanding any other provision of law, the liability of any governmental unit or public employee for any personal injury, bodily injury, or property damage caused by or resulting from pollutant incidents including, but not limited to, per and polyfluorochemical contamination, shall only be based upon a showing by a preponderance of the evidence that the acts or omissions of the governmental unit were unreasonable. The acts or omissions of a governmental unit or public employee shall be conclusively presumed to be reasonable if they are in accord with the generally prevailing state of the art, scientific knowledge, and technology available to the governmental unit at the time the acts or omissions were undertaken or made by the governmental unit or public employee.

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II.

If the fault of the governmental unit or public employee arising from a pollutant incident is 50 percent or greater, liability shall be joint and several. Otherwise, governmental units or public employees shall be liable only to the extent that their acts or omissions contributed to the causation of the personal injury, bodily injury, or property damage.

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III.

The doctrines of strict liability or absolute liability shall not be the basis of liability of a governmental unit or public employee for any personal injury, bodily injury, or property damage caused by pollutant incidents. Source. 1986, 227:10, eff. June 6, 1986. 2020, 30:8, eff. July 23, 2020.

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Source note

Source. 1986, 227:10, eff. June 6, 1986. 2020, 30:8, eff. July 23, 2020.

Source history

1986, 227:10, eff. June 6, 1986
2020, 30:8, eff. July 23, 2020

Related materials

Bill relationships

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 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