Under New Hampshire law and the law of most states, governmental units are immune from civil liability for certain governmental functions. However, when it comes to the operation of a motor vehicle, employees of government units, including the state, cities and towns, can be held liable just like any other citizen. Also, while snow plows are certainly entitled to a certain level of deference from other drivers since they are doing difficult jobs during difficult weather conditions, by the same token plow operators must use reasonable care in the performance of their duties. Therefore, the bottom line is that if a motorist is injured in an accident caused by the negligence of the operator of a snow plow, they can recover for their injuries. Quite often, government units purchase special liablity insurance specifically for their fleets of vehicles including plows. So, if you are injured through the fault of a state or city vehicle, you should contact a personal injury attorney to pursue your rights under the law.
So far, we have experienced a snowy and cold winter here in New Hampshire and in the Northeast. The evening newscasts seem daily to feature stories about serious auto accidents where the occupants are seriously injured and sometimes, unfortunately, killed. Under New Hampshire common law and statutory law (RSA 265:60, I), all drivers are required to operate their vehicles at appropriate and reasonable speeds "under the conditions and having regard to the actual and potential hazards then existing." What this means is that we are all required to reduce our speeds in order to maintain control of our vehicles in the event of bad weather and slippery, icy or snowy roads. More often than not, an accident in winter weather is the result of one driver failing to reduce their speed, losing control, and then typically overreacting to that loss of control. The result, an accident with someone being injured. It is important for all of us to take special care when diving under these conditions. If you are injured through the negligent failiure of another driver to drive carefully on winter roads, you should contact a personal injury attorney to advise you as to your rights.
A police report on the arrest of a young man who was seen being thrown against a wall inside the Seabrook police station in a YouTube video describes him as someone who was aggressive and uncooperative during a drunken rage.The report details accounts by different officers who were either directly involved in trying to control then-19-year-old Michael Bergeron Jr. or observed what was happening inside the booking room and cell hallway.The report was obtained by the New Hampshire Union Leader after Bergeron posted a video on YouTube Monday that shows an officer slamming him against a wall while being escorted down a hallway and then another officer pepper-spraying him while he was on the floor.
The answer to this question, unfortunately, is probably "no." New Hampshire has an immunity statute which affords broad protection to ski area operators from claims for injuries to skiers. The statute, which prohibits civil lawsuits for injuries arising from "inherent risks" of the sport, has been very broadly interpreted by the New Hampshire Supreme Court, particularly in the case of Cecere v. Loon Mountain, a case which I handled a number of years ago. Basically, if you are injured due to any defect in the mountain or its maintenance or operation, no matter how gross the negligence or serious your injury, you cannot bring a lawsuit for your injuries. Cases which do survivie include collisions with other skiers, however, your claim must be against the skier him or herself, and NOT the ski area. The hope in that instance is that the negligent skier has homeowner's insurance which will cover your damages. Another exception is a defect in the tramway or lift - if a lift collapses or otherwise causes an injury to a skier, there may be an exception in the immunity statute which would allow the injured person to recover. The lesson to be learned, therefore, is that when it comes to skiing in New Hampshire, you are on your own, and the law will find that you accepted the risks of skiing when you made the decision to ski. So, be CAREFUL out there.
The driver in a horrific car crash occurring in Derry, New Hampshire on New Year's Eve has died from his injuries. The accident occurred at around 10:30pm on Gulf Road in Derry. The vehicle crashed into a tree at a high rate of speed.