What is the New Hampshire Negligence Law?
One fine day you are walking on the sidewalk and enjoying the beautiful flowers along the sidewalk. Unfortunately, you collide with a cyclist who was coming from the opposite direction, bust talking over the phone using a Bluetooth device. The accident has injured you badly and you decide to file a negligence case against the cyclist. As per the negligence law New Hampshire, do you have a strong case?
Understanding the Negligence Law Definition
To determine whether you have a strong case, you must first understand the negligence laws. In day to day life, negligence simply means carelessness. But in the legal sense, negligence is much more than carelessness. The negligence law definition states that negligence is a failure to perform the basic of care which a person is entitled to under certain situation, failing which results in injury or death of another. As per the negligence law definition, it is a failure to act in a situation where a reasonable person would and taking action where a reasonable person wouldn’t.
As per the negligence laws by state, there are four elements of negligence laws that a person must prove to claim compensation. The four elements are
- Duty to take care: the defendant has a legal duty to commit or refrain from committing to the plaintiff
- Breach of duty: it is the failure on part of the defendant to fulfill his legal duty
- Proximate cause: the defendant’s breach of duty is the cause for the plaintiff’s damage or injury
- Damage: the plaintiff has suffered genuine injury
Understanding the negligence law definition is just the basics to understanding the negligence laws by state that you live in.
Negligence Law New Hampshire
The negligence laws by state differ from one state to another and the negligence law New Hampshire can shed some light in understanding whether you have a strong case. Almost every state in the U.S. follows the comparative negligence doctrine, so does New Hampshire negligence law. As per the comparative negligence doctrine, the law allows the victim to recover for a share of their damages regardless of whether they are at fault. The New Hampshire negligence laws follow the modified comparative negligence law New Hampshire.
As per the modified comparative negligence law New Hampshire, if the victim or the plaintiff is more than 50% at fault that caused the damage, then he or she is completely barred from claiming compensation. In the case mentioned above, if you were found to be at 30% fault, you can claim 70% compensation from the defendant. But if your percentage of fault is anywhere above 50%, then you are not entitled to any claim as per the New Hampshire negligence law.
The negligence laws by the state also determine the punishment for negligence in New Hampshire. As the law differs from state to state, so does the punishment for negligence.
What is the Punishment for Negligence in New Hampshire?
The state of New Hampshire follows the modified comparative doctrine and the punishment for negligence in New Hampshire is as per the severity of the offense. Negligence can cause severe injury or death to a person based on the severity of the offence, the punishment for negligence in New Hampshire is as under.
- Vehicular assault by negligence is a class A misdemeanor punishable up to a year in jail and a fine of not more than $2,000.
- Negligent homicide is considered a Class B felony and is punishable from three and a half to seven years in prison, a maximum $4,000 in fines, or both. As well as license revocation for a maximum of seven years.
- Negligent homicide as a result of DUI/DWI is a Class A felony and is punishable from seven hand half to fifteen years in prison, a maximum $4,000 in fines, or both. The convicted felon will also face a lifetime license revocation which he/she can reapply for, after seven years.