NH Law About... Potholes

Introduction to... Potholes

Posted May 28, 2014. Revised Nov. 4, 2016.

The Read About section of this guide refers to resources about the law and will provide context and key terms. Read the Law links to selected law on Potholes and should be used as a jumping off point for further research.

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.


Read about... Potholes

WEBSITES

Nolo. Vehicle Damage Due to Poor Road Conditions: Who is Liable?

Link verified on: November 4, 2016

Bottom line: If you are going to make a successful claim against the government for damage to your vehicle caused by poor road conditions, you will have to prove two things: the government knew about the poor road condition (or should reasonably have known about it), and the government did not repair the poor road condition within a reasonable amount of time.   GO>


PRINT

Personal injury : tort and insurance practice by Richard B McNamara. LexisNexis. 4th ed. 2015  GO>

Link verified on: November 4, 2016

12 A.L.R.6th 645. State and Local Governmental Liability for Injury or Death of Bicyclist Due to Defect or Obstruction in Public Roadway or Sidewalk  GO>

Link verified on: November 4, 2016

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Read the law about... Potholes

NEW HAMPSHIRE STATUTES

RSA 230. State Highways   GO>

Link verified on: December 9, 2016

RSA 231. Cities, Towns and Village District Highways  GO>

Link verified on: December 9, 2016

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: March 24, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE CASES

125 N.H. 34 (1984). Hartman v. Town of Hooksett

Link verified on: November 4, 2016

"In certain circumstances, a town may be liable for injuries occurring on roads under its control, but not for injuries on roads over which it exercises no control."   GO>

133 N.H. 109 (1990). Dover v. Imperial Casualty & Indem. Co.  GO>

Link verified on: November 4, 2016

144 N.H. 491 (1999). Bowden v. Commissioner, New Hampshire Department of Transportation

Link verified on: November 4, 2016

"Under RSA 230:79, any liability that arises after a notice of insufficiency under RSA 230:78 applies only to incidents occurring after the notice. Absent a claim of actual notice of an alleged or actual defect prior to the injury, there can be no liability under RSA 230:80, I(a)-(b)."   GO>

Find it in a Library ... New Hampshire Reports

Link verified on: March 24, 2017

Find the New Hampshire Reports in libraries throughout the state.   GO>

Learn About New Hampshire Cases: New Hampshire case law consists of the published opinions of the New Hampshire Supreme Court. GO>
 

FOR MORE HELP ...

City of Nashua, N.H. Pothole Information

Link verified on: November 4, 2016

"Potholes are abrupt depressions, holes or other defects in roadway pavement that can cause difficulties for drivers and vehicles. Potholes usually occur when the base material under the pavement is washed out."   GO>

New Hampshire. Dept. Transportation. Highway Maintenance

Link verified on: November 4, 2016

Or call 603.271.3734 to report a pothole on a state-maintained road.   GO>

New Hampshire Law Library

Link verified on: March 24, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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