New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 231:91 (2026)
Municipality to Act; Liability
✓ current as of May 2026
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231:91 Municipality to Act; Liability. –
I. Upon receipt of such notice of insufficiency, and unless the highway agents or street commissioners determine in good faith that no such insufficiency exists, the municipality shall immediately cause proper danger signals to be placed to warn persons by day or night of such insufficiency, and shall, within 72 hours thereafter, develop a plan for repairing such highway, bridge, or sidewalk and shall implement such plan in good faith and with reasonable dispatch until the highway, bridge, or sidewalk is no longer insufficient, as defined by RSA 231:90, II.
II. If the municipality fails to act as set forth in paragraph I, it shall be liable in damages for all personal injury or property damage proximately caused by the insufficiency identified in the notice, subject to the liability limits under RSA 507-B:4.
I. Upon receipt of such notice of insufficiency, and unless the highway agents or street commissioners determine in good faith that no such insufficiency exists, the municipality shall immediately cause proper danger signals to be placed to warn persons by day or night of such insufficiency, and shall, within 72 hours thereafter, develop a plan for repairing such highway, bridge, or sidewalk and shall implement such plan in good faith and with reasonable dispatch until the highway, bridge, or sidewalk is no longer insufficient, as defined by RSA 231:90, II.
II. If the municipality fails to act as set forth in paragraph I, it shall be liable in damages for all personal injury or property damage proximately caused by the insufficiency identified in the notice, subject to the liability limits under RSA 507-B:4.
Source. 1893, 59:2, PL 82:9. RL 98:9. 1945, 188:1, part 18:10. RSA 247:10. 1981, 87:1. 1991, 385:4, eff. Jan. 1, 1992.
Notes of Decisions
Cited in 8
cases, 1984–2012 · 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). “RSA 231:91 describes the municipality’s duty to respond to a notice of insufficiency, see RSA 231:90, I, and provides for municipal liability resulting from a failure to respond as required.”
Ford v. New Hampshire Dep't of Transp., 163 N.H. 284 (N.H. 2012). “The plaintiff argues that RSA 231:91 and RSA 231:92 impose a duty upon the Town with respect to Routes 111 and 28 because RSA 231:91 and RSA 231:92, unlike RSA 231:90, do not refer explicitly to class IV and V highways.”
Opinion of the Justices, 592 A.2d 180 (N.H. 1991). “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 insufficiency, as defined by RSA 231:90, and: (a) The municipality received…”
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.”
Hartman v. Town of Hooksett, 480 A.2d 12 (N.H. 1984). “904, 906 (1933); RSA 231:91 to :93. Finally, the plaintiff argues that either the Hooksett police or the town itself should be liable because they possess insurance, and that there is no reason in public policy why they should be protected from the consequences of negligent acts.”
Glick v. Town of Ossipee, 547 A.2d 231 (N.H. 1988). “RSA 231:91. Additionally, a town that fails to “keep a highway in good repair suitable for travel thereon” is subject to a fine, RSA 231:82, in an amount sufficient to cover the cost of repairing the highway, RSA 231:84.”
Richard v. Pembroke Sch. Dist., 859 A.2d 1157 (N.H. 2004). “RSA 231:92, I, states that a governmental unit shall not be held liable for damages in a personal injury action unless the injury was caused by an “insufficiency” and one of three conditions is met: (a) The [governmental unit] received a written notice of such insufficiency as…”
Ford v. New Hampshire Dept. of Transp., 37 A.3d 436 (N.H. 2012). “The plaintiff argues that RSA 231:91 and RSA 231:92 impose a duty upon the Town with respect to Routes 111 and 28 because RSA 231:91 and RSA 231:92, unlike RSA 231:90, do not refer explicitly to class IV and V highways.”
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