New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 231:90 (2026)
Duty of Town After Notice of Insufficiency
✓ current as of May 2026
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231:90 Duty of Town After Notice of Insufficiency. –
I. Whenever any class IV or class V highway or bridge or sidewalk thereon in any municipality shall be insufficient, any person may give written notice of such insufficiency to one of the selectmen or highway agents of the town, or the mayor or street commissioners of the city, and a copy of said notice to the town or city clerk. The notice shall be signed and shall set forth in general terms of the location of such highway, bridge, or sidewalk and the nature of such insufficiency.
II. For purposes of this subdivision, a highway or sidewalk shall be considered "insufficient" only if:
(a) It is not passable in any safe manner by those persons or vehicles permitted on such sidewalk or highway by state law or by any more stringent local ordinance or regulation; or
(b) There exists a safety hazard which is not reasonably discoverable or reasonably avoidable by a person who is traveling upon such highway at posted speeds or upon such sidewalk, in obedience to all posted regulations, and in a manner which is reasonable and prudent as determined by the condition and state or repair of the highway or sidewalk, including any warning signs, and prevailing visibility and weather conditions.
III. A highway or sidewalk shall not, in the absence of impassability or hidden hazard as set forth in paragraph II, be considered "insufficient" merely by reason of the municipality's failure to construct, maintain or repair it to the same standard as some other highway or sidewalk, or to a level of service commensurate with its current level of public use.
I. Whenever any class IV or class V highway or bridge or sidewalk thereon in any municipality shall be insufficient, any person may give written notice of such insufficiency to one of the selectmen or highway agents of the town, or the mayor or street commissioners of the city, and a copy of said notice to the town or city clerk. The notice shall be signed and shall set forth in general terms of the location of such highway, bridge, or sidewalk and the nature of such insufficiency.
II. For purposes of this subdivision, a highway or sidewalk shall be considered "insufficient" only if:
(a) It is not passable in any safe manner by those persons or vehicles permitted on such sidewalk or highway by state law or by any more stringent local ordinance or regulation; or
(b) There exists a safety hazard which is not reasonably discoverable or reasonably avoidable by a person who is traveling upon such highway at posted speeds or upon such sidewalk, in obedience to all posted regulations, and in a manner which is reasonable and prudent as determined by the condition and state or repair of the highway or sidewalk, including any warning signs, and prevailing visibility and weather conditions.
III. A highway or sidewalk shall not, in the absence of impassability or hidden hazard as set forth in paragraph II, be considered "insufficient" merely by reason of the municipality's failure to construct, maintain or repair it to the same standard as some other highway or sidewalk, or to a level of service commensurate with its current level of public use.
Source. 1893, 59:2, PL 82:8. RL 98:8. 1945, 188:1, part 18:9. RSA 247:9. 1981, 87:1. 1991, 385:3, eff. Jan. 1, 1992.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1988–2025 · leading case: Cloutier v. City of Berlin, 907 A.2d 955 (N.H. 2006).
Cloutier v. City of Berlin, 907 A.2d 955 (N.H. 2006). “The plaintiff contends on appeal that the trial court erred by instructing the jury regarding the municipal liability provisions in RSA 231:90 through :92-a (1993 & Supp. 2005).”
Ford v. New Hampshire Dep't of Transp., 163 N.H. 284 (N.H. 2012). “Statutory Bases for Duty to Warn The plaintiff argues that notwithstanding Trull, the Town had a statutory duty imposed by RSA 507-B:2 (2010), RSA 231:90, and/or by RSA 21-P:44 (Supp. 2011) to warn motorists about the inoperable lights.”
Opinion of the Justices, 592 A.2d 180 (N.H. 1991). “See RSA 231:90 (municipality liable if it fails to respond to formal notice of hazard signed by three persons in the State); RSA 231:92 (municipality liable for damages occurring on bridges, culverts, sluiceways, and embankments unsuitable for travel); RSA 412:3 (municipality…”
Richard v. Pembroke Sch. Dist., 859 A.2d 1157 (N.H. 2004). “” The trial court concluded that because the plaintiffs “[did] not dispute that no notice of this condition was given to the [district as required by RSA 231:90 and 92 ... [its] finding that the accident and injury arose out of the maintenance of the sidewalk end[ed] the…”
City of Dover v. Imperial Cas. & Indem. Co., 575 A.2d 1280 (N.H. 1990). “2d at 244 (citing RSA 245:20 (change in grade of highway) (current version at RSA 231:75); RSA 247:17 (bridges, culverts, sluiceways or dangerous embankments) (current version at RSA 231:92); RSA 412:3 (immunity waived to extent of insurance coverage); RSA 247:9, :10 (notice of…”
Schoff v. City of Somersworth, 630 A.2d 783 (N.H. 1993). “For example, former RSA 231:91 (1982) provided that municipalities “shall be liable for all accidents that may happen at such place subsequent to the time said notice of deficiency was given [pursuant to RSA 231:90 (1982)], provided it has not commenced to repair the same.”
Ford v. New Hampshire Dept. of Transp., 37 A.3d 436 (N.H. 2012). “Statutory Bases for Duty to Warn The plaintiff argues that notwithstanding Trull , the Town had a statutory duty imposed by RSA 507-B:2 (2010), RSA 231:90 to :93 (2009), and/or by RSA 21-P:44 (Supp.”
Trull v. Town of Conway, 669 A.2d 807 (N.H. 1995). “; RSA 231:90, et seq.; former RSA 231:93 or otherwise? III.”
Glick v. Town of Ossipee, 547 A.2d 231 (N.H. 1988). “To conclude otherwise is *648 to ignore RSA 231:90, which provides that three citizens or taxpayers may notify a town of a road’s inadequacies at any time prior to five years from the commencement of non-maintenance.”
Felts v. City of Rochester, 2025 N.H. 16 (N.H. 2025). “[¶7] RSA 231:92, I, in turn, provides that: “A municipality shall not be held liable for damages in an action to recover for personal injury or property damage arising out of its construction, maintenance, or repair of public highways and sidewalks constructed thereupon unless…”
Cole v. Town of Conway, 2024 N.H. 21 (N.H. 2024). “A municipality shall not be held liable for damages in an action to recover for personal injury or property damage arising out of its construction, maintenance, or repair of public highways and sidewalks constructed thereupon unless such injury or damage was caused by an…”
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