N.H. Rev. Stat. Ann. § 507:7-e
Apportionment of Damages
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507:7-e Apportionment of Damages. –
I. In all actions, the court shall:
(a) Instruct the jury to determine, or if there is no jury shall find, the amount of damages to be awarded to each claimant and against each defendant in accordance with the proportionate fault of each of the parties; and
(b) Enter judgment against each party liable on the basis of the rules of joint and several liability, except that if any party shall be less than 50 percent at fault, then that party's liability shall be several and not joint and he shall be liable only for the damages attributable to him.
(c) RSA 507:7-e, I(b) notwithstanding, in all cases where parties are found to have knowingly pursued or taken active part in a common plan or design resulting in the harm, grant judgment against all such parties on the basis of the rules of joint and several liability.
II. In all actions, the damages attributable to each party shall be determined by general verdict, unless the parties agree otherwise, or due to the presence of multiple parties or complex issues the court finds the use of special questions necessary to the determination. In any event, the questions submitted to the jury shall be clear, concise, and as few in number as practicable, and shall not prejudice the rights of any party to a fair trial.
III. For purposes of contribution under RSA 507:7-f and RSA 507:7-g, the court shall also determine each defendant's proportionate share of the obligation to each claimant in accordance with the verdict and subject to any reduction under RSA 507:7-i. Upon motion filed not later than 60 days after final judgment is entered, the court shall determine whether all or part of a defendant's proportionate share of the obligation is uncollectible from that defendant and shall reallocate any uncollectible amount among the other defendants according to their proportionate shares. The party whose liability is reallocated is nonetheless subject to contribution and to any continuing liability to the claimant on the judgment.
IV. Nothing contained in this section shall be construed to modify or limit the duties, responsibilities, or liabilities of any party for personal injury or property damage arising from pollutant contamination, containment, cleanup, removal or restoration as established under state public health or environmental statutes including, but not limited to, RSA 146-A, RSA 147-A and RSA 147-B.
I. In all actions, the court shall:
(a) Instruct the jury to determine, or if there is no jury shall find, the amount of damages to be awarded to each claimant and against each defendant in accordance with the proportionate fault of each of the parties; and
(b) Enter judgment against each party liable on the basis of the rules of joint and several liability, except that if any party shall be less than 50 percent at fault, then that party's liability shall be several and not joint and he shall be liable only for the damages attributable to him.
(c) RSA 507:7-e, I(b) notwithstanding, in all cases where parties are found to have knowingly pursued or taken active part in a common plan or design resulting in the harm, grant judgment against all such parties on the basis of the rules of joint and several liability.
II. In all actions, the damages attributable to each party shall be determined by general verdict, unless the parties agree otherwise, or due to the presence of multiple parties or complex issues the court finds the use of special questions necessary to the determination. In any event, the questions submitted to the jury shall be clear, concise, and as few in number as practicable, and shall not prejudice the rights of any party to a fair trial.
III. For purposes of contribution under RSA 507:7-f and RSA 507:7-g, the court shall also determine each defendant's proportionate share of the obligation to each claimant in accordance with the verdict and subject to any reduction under RSA 507:7-i. Upon motion filed not later than 60 days after final judgment is entered, the court shall determine whether all or part of a defendant's proportionate share of the obligation is uncollectible from that defendant and shall reallocate any uncollectible amount among the other defendants according to their proportionate shares. The party whose liability is reallocated is nonetheless subject to contribution and to any continuing liability to the claimant on the judgment.
IV. Nothing contained in this section shall be construed to modify or limit the duties, responsibilities, or liabilities of any party for personal injury or property damage arising from pollutant contamination, containment, cleanup, removal or restoration as established under state public health or environmental statutes including, but not limited to, RSA 146-A, RSA 147-A and RSA 147-B.
Source. 1986, 227:2. 1989, 278:1-3, eff. Jan. 1, 1990.
Notes of Decisions
Cited in 34
cases (2 in the last 5 years), 1987–2022 · leading case: DeBenedetto v. CLD Consulting Engineers, Inc.
DeBenedetto v. CLD Consulting Engineers, Inc. (2006)
“*797 On appeal, the plaintiff asserts that: (1) the trial court erred by instructing the jury to consider Christous and NHDOT when assigning fault percentages; (2) the trial court’s interpretation of RSA 507:7-e (1997), which governs apportionment of damages, was…”
Ocasio v. Federal Express Corp. (2011)
“DeBenedetto RSA 507:7-e governs apportionment of fault to both claimants and tortfeasors.”
Goudreault v. Kleeman (2009)
“Golding by the American College of Surgeons’ (ACS) policy statement; and (4) unfairly prejudicing the jury by submitting a nonresponsive and misleading answer to its question during deliberations.”
Rodgers v. Colby's Ol' Place, Inc. (2002)
“The plaintiffs claimed that RSA 507:7-e, III (1997) allowed for the reallocation of Hartford’s uncollectible share of the damages to Colby’s, the only other defendant in the ease.”
State of New Hampshire v. Exxon Mobil Corporation & a. (2015)
“RSA 507:7-e and DeBenedetto Exxon argues that it was “unfairly prejudiced in its ability to present its defense” under RSA 507:7-e (2010) and DeBenedetto v.”
Everitt v. General Electric Co. (2007)
“In Nilsson , we were asked to decide whether the trial court properly instructed the jury to assess the percentage of fault attributable to a joint tortfeasor who settled before trial and to a non-settling party in accordance with RSA 507:7-e. Id. That statutory provision states…”
Nilsson v. Bierman (2003)
“See RSA 507:7-e (1997). The defendant cross-appeals, arguing that the court’s jury instructions regarding speed were misleading.”
Wyle v. Lees (2011)
“RSA 507:7-e, 1(a) (2010) provides that “if there is no jury [the court] shall find, the amount of damages to be awarded to each claimant and against each defendant in accordance with the proportionate fault of each of the parties.”
Jaswell Drill Corp. v. General Motors Corp. (1987)
“Instead, under the new statutory scheme, RSA 507:7-e provides for apportionment of damages in all actions, and RSA 507:7-e to -h establish a system for contribution because judgments will be entered based on the rules of joint and several liability.”
Bartlett v. MUTUAL PHARMACEUTICAL CO., INC. (2010)
“See N.H. Rev. Stat. § 507:7-d. The second is plaintiffs misconduct, which is the strict liability equivalent of comparative negligence.”
Bartlett v. MUTUAL PHARMACEUTICAL CO., INC. (2010)
“Ergin, or to Bartlett herself under New Hampshire’s apportionment statute, N.H.Rev.Stat. § 507:7-e. But “set-off’ is not the correct label for that defense.”
Tiberghein v. B.R. Jones Roofing Co. (2007)
“The plaintiffs assert that RSA 507:7-h must be read in the context of RSA 507:7-e and RSA 507:7-i. They argue therefore, that the defendant is not entitled to a pro tanto, dollar-for-dollar credit under RSA 507:7-h for the settlement because RSA 507:7-e and RSA 507:7-i do not…”
— N.H. Rev. Stat. Ann. § 507:7-e(I)(a) — 1 case
— N.H. Rev. Stat. Ann. § 507:7-e(II) — 1 case
Steele v. Dillard (1997)
— N.H. Rev. Stat. Ann. § 507:7-e(III) — 1 case
EnergyNorth v. Century (2007)
— N.H. Rev. Stat. Ann. § 507:7-e(b) — 2 cases
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