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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 507-B:2 (2026)

Liability for Negligence

✓ current as of May 2026
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    507-B:2 Liability for Negligence. – A governmental unit may be held liable for damages in an action to recover for bodily injury, personal injury or property damage caused by its fault or by fault attributable to it, arising out of ownership, occupation, maintenance or operation of all motor vehicles, and all premises; provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422.

Source. 1975, 483:1. 1981, 376:2. 1991, 385:9, eff. Jan. 1, 1992.

Notes of Decisions
Cited in 52 cases (9 in the last 5 years), 1983–2026 · leading case: City of Dover v. Imperial Cas. & Indem. Co., 575 A.2d 1280 (N.H. 1990).
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City of Dover v. Imperial Cas. & Indem. Co., 575 A.2d 1280 (N.H. 1990). · cites it 18× “) erred in finding that RSA 507-B:2, I, which affords immunity to municipalities for certain actions in negligence, violates the New Hampshire State Constitution.”
Alissa Lamb m/n/f Logan Lamb v. Shaker Reg'l Sch. Dist., 168 N.H. 47 (N.H. 2015). · cites it 13× “On appeal, the plaintiff argues that the trial court erred by failing to apply the exception to general immunity pursuant to RSA 507-B:2 (2010). We affirm. The trial court found, or the record reflects, the following.”
Dichiara v. Sanborn Reg'l Sch. Dist., 82 A.3d 225 (N.H. 2013). · cites it 9× “) granting summary judgment to the defendants, Sanborn Regional School District (School District) and Robert Ficker, on the basis of municipal immunity under RSA 507-B:2 (2010). We affirm. The following facts are taken from the trial court’s order.”
Chatman v. Strafford Cnty., 42 A.3d 853 (N.H. 2012). · cites it 15× “) dismissing his negligence claim against defendant Paul Giampa and his respondeat superior claim against defendants Strafford County (County) and Strafford County Department of Corrections (Corrections Department), pursuant to RSA 507-B:2 (2010). The plaintiff argues either…”
Dennis G. Huckins v. Mark McSweeney & a., 90 A.3d 1236 (N.H. 2014). · cites it 8× “) certified the following question for our consideration: Whether RSA 507-B:2 and RSA 507-B:5 are constitutional under Part I, Article 14 of the New Hampshire Constitution, to the extent they prevent recovery for Plaintiffs claim for civil battery and damages against the Town of…”
Farm Fam. Cas. Ins. v. Town of Rollinsford, 927 A.2d 1234 (N.H. 2007). · cites it 13× “In the trial court, the town moved to dismiss, arguing, among other things, that it was protected by RSA 507-B:2 & :5 (1997), which allow suits against municipalities only for injuries “arising out of ownership, occupation, maintenance' or operation of all motor vehicles, and…”
Ford v. New Hampshire Dep't of Transp., 163 N.H. 284 (N.H. 2012). · cites it 7× “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.”
John Farrelly v. City of Concord & A, 130 A.3d 548 (N.H. 2015). · cites it 4× “The court granted summary judgment to the city on count IV (negligence) because it concluded that the exception to municipal immunity found in *437 RSA 507-B:2 (2010) does not apply, as the claim asserted therein has no nexus to cars or premises.”
Scott McCarthy v. Manchester Police Dep't & A, 124 A.3d 686 (N.H. 2015). · cites it 8× “Initially, the trial court appeared to be of the view that RSA 507-B :2, an exception to municipal immunity, authorized suits against municipalities for claims based upon negligent (or perhaps reckless) conduct, but not intentional conduct.”
Schoff v. City of Somersworth, 630 A.2d 783 (N.H. 1993). · cites it 7× “In response to Merrill , the legislature enacted RSA 507-B:2, see Laws 1975, 483:1, intending to codify the dictates of Merrill .”
Danielle (Graveline) Gauthier m/n/f Morgan Graveline v. Manchester Sch. Dist., SAU 37, 123 A.3d 1016 (N.H. 2015). · cites it 6× “The court granted the defendant’s cross-motion, ruling that it was “barred by the grant of immunity under RSA 507-B:5” and did “not fall within the exception under RSA 507-B:2.” On appeal, the plaintiff argues that the trial court erred in finding the defendant immune from suit…”
Cloutier v. City of Berlin, 907 A.2d 955 (N.H. 2006). · cites it 3× “Prior to 1991, RSA 507-B:2 (1983) (repealed and reenacted 1991) provided, in pertinent part: A governmental unit may be held liable for damages in an action to recover for bodily injury, personal injury or property damage caused by its fault or by fault attributable to it,…”
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