New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 231:93 (2026)
When Municipalities Not Liable
✓ current as of May 2026
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231:93 When Municipalities Not Liable. –
Municipalities shall not be deemed to have any duty of care whatsoever with respect to the construction, maintenance or repair of class I, III, III-a or VI highways, or state maintained portions of class II highways. Upon any highway or other way with respect to which a municipality is found to have a duty of care of any kind, its liability shall be limited as set forth in this subdivision.
Source. RS 105:4. 1945, 188:1, part 18:18. RSA 247:18. 1981, 87:1. 1991, 385:7. 1992, 265:14, eff. July 1, 1992.
Notes of Decisions
Cited in 6
cases, 1991–2012 · leading case: Ford v. New Hampshire Dep't of Transp., 163 N.H. 284 (N.H. 2012).
Ford v. New Hampshire Dep't of Transp., 163 N.H. 284 (N.H. 2012). “See RSA 231:93 (2009) (“Municipalities shall not be deemed to have any duty of care whatsoever with respect to the construction, maintenance or repair of class I, III, Ill-a or VI highways, or state maintained portions of class II highways.”
Trull v. Town of Conway, 669 A.2d 807 (N.H. 1995). “; former RSA 231:93 or otherwise? III. Whether, as a matter of law, it was reasonably foreseeable to the defendant, under the facts of this case, that an accident would occur at this location on this roadway and in this manner? The plaintiffs allege the following facts.”
Berliner v. Clukay, 834 A.2d 297 (N.H. 2003). “2002); RSA 231:93 (1993). Thus, the evidence supports the conclusion that the plaintiff was left with the financial burden of restoring Cobble Hill Road to its pre-trespass condition.”
Opinion of the Justices, 592 A.2d 180 (N.H. 1991). “” Proposed RSA 231:93 declares that “[m]unicipalities shall not be deemed to have any duty of care whatsoever with respect to the construction, maintenance or repair of class I, III or VI highways, or state maintained portions of class II highways, or highways to public waters…”
Ford v. New Hampshire Dept. of Transp., 37 A.3d 436 (N.H. 2012). “See RSA 231:93 (2009) ("Municipalities shall not be deemed to have any duty of care whatsoever with respect to the construction, maintenance or repair of class I, III, III-a or VI highways, or state maintained portions of class II highways.”
Stevens v. Town of Goshen, 683 A.2d 814 (N.H. 1996). “Moreover, municipalities have no duty of care with respect to maintenance or repair of any kind of Class VI highway, see RSA 229:5, VI, VII (1993); RSA 231:93 (1993); Glick, 130 N.H. at 646 , 547 A.”
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