Comparación de los Registros de Resonancia Magnética con los Registros

A duty exists on the part of a landowner when it is foreseeable that an injury might occur as a result of the landowner’s actions or inactions. “Generally persons will not be found negligent if they could not reasonably foresee that their conduct [or the conduct of others] would result in an injury to another or if their conduct was reasonable in light of the anticipated risks. Thus, duty and foreseeability are inextricably bound together.”

Manchenton v. Auto Leasing Corp., 135 N.H. 298, 304 (1992). Limited exceptions to the rule arise where a land owner creates or is responsible for a physical defect on the premises that foreseeably enhances the risk of criminal attack or undertakes to provide security and does so in a negligent manner. Ward v. Inishmaan Assocs., 156 N.H. 22 (2007).

C. JOINT TORTFEASORS/JOINT AND SEVERAL LIABILITY

Judgment shall be entered “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% 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.” N.H. REV. STAT. ANN. § 507:7-e I(b) (2014). However, “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, [judgment shall be granted] against all such parties on the basis of the rules of joint and several liability.” N.H. REV. STAT. ANN. § 507:7-e I(e) (2014).

D. COMPARATIVE/CONTRIBUTORY NEGLIGENCE

Contributory fault shall not bar recovery in an action by any plaintiff or plaintiff’s legal representative, to recover damages in tort for death, personal injury or property damage, if such fault was not greater than the fault of the defendant, or the defendants in the aggregate

if recovery is allowed against more than one defendant, but the damages recovered shall be diminished in proportion to the amount of fault attributed to the plaintiff by general verdict.

E. PRE-JUDGMENT INTEREST

The rate of interest, which begins accruing from the date the complaint is filed, is determined by the state treasurer on December 1 of each year as the prevailing discount rate of interest on twenty-six-week U.S. Treasury Bills at the last auction thereof preceding the last day of September in each year, plus two percent. N.H. REV. STAT. ANN. § 336:1 (2014).

F. SETTLEMENT PRACTICES

“Failing to acknowledge with reasonable promptness pertinent communications with respect to claims” and “failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims” constitute unfair claim settlement practices. N.H. REV. STAT. ANN. § 417:4 (2014). Unless otherwise provided by law, every insurer shall pay

any amount finally agreed upon in settlement of all or part of a claim not later than five working days from the date of the agreement or the performance of all conditions which are set forth in the agreement by the insured, claimant, or authorized representative of either of all conditions set forth in such agreement. N.H. CODE ADMIN. R. ANN. Rules of the Insurance Commissioner § 1001.02(h) (2014). New Hampshire also recognizes a right to pursue a claim for negligent failure to settle against an insurer by its insured and upon assignment to the injured plaintiff. Dumas v. State Farm Mut. Auto. Ins. Co., 111 N.H. 43 (1971).

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NEW HAMPSHIRE

LIQUOR LIABILITY LAW SYNOPSIS

New Hampshire dram shop law is purely statutory. N.H. REV. STAT. ANN. § 507-F (2014). The statue is the exclusive remedy against the defendant for claims by those suffering damages based upon the defendant’s service of alcoholic beverages. N.H. REV.

STAT. ANN. § 507-F:8 (2014).

A. PROCEDURAL LAW

1. Time to Respond to Complaint

Within thirty days of being served with the complaint and summons. N.H. Super. Ct. R. 4(e) (2015).

2. Time for Plaintiff to Perfect Service of Process Upon Defendant

Upon receipt of a plaintiff’s complaint and filing fee, the Court will process the action and provide the plaintiff with a summons for service on the defendant(s). N.H. Super. Ct. R. 4(c) (2015). The summons will identify the court-ordered deadline for service. Id. Service of the summons and complaint is made upon a defendant in accordance with N.H. REV. STAT. ANN. § 510 (2014).

3. Notice/Statute of Limitations

Three years for personal injury and property damage. N.H. REV. STAT. ANN. § 508:4 (2014).

4. Joint Tortfeasors/Joint and Several Liability

Judgment shall be entered against each liable party in accordance with the rules of joint and several liability, “except that if any party shall be less than 50% 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.” N.H. REV. STAT. ANN. § 507:7-e (2014). However, “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, [judgment shall be granted] against all such parties on the basis of the rules of joint and several liability.” N.H. REV. STAT. ANN. § 507:7-e I(c) (2014).

In addition, no later than sixty days after the final judgment is entered, a motion must be filed to determine whether all or part of defendant’s proportionate share of the obligation is uncollectible. N.H. REV. STAT. ANN. § 507:7-e III (2014). If the court finds that a defendant’s proportionate share of the obligation is uncollectible, the court must reallocate any uncollectible amount among the other defendants according to their proportionate shares. Id.

5. Caps on Liability

None.

B. LIABILITY

Service of alcoholic beverages to a minor or to an intoxicated person is negligent if the defendant knows or if a reasonably prudent person in like circumstances would know that the person being served is a minor or is intoxicated. N.H. REV. STAT. ANN. § 507-F:4 II (2014). Proof of service of alcoholic beverages to a minor without request for proof of age as required by N.H. REV. STAT. ANN. § 179:8 is admissible as evidence of negligence. N.H. REV. STAT. ANN. § 507-F:4 III (2014). Service of alcoholic beverages by a defendant to an adult person who subsequently serves a minor off the premises or who is legally permitted to serve a minor does not constitute service to the minor unless a reasonably prudent person in like circumstances would know that such subsequent service is reasonably likely to occur and is illegal. N.H. REV. STAT. ANN. § 507-F:4 IV (2014). A defendant does not have a duty to

investigate whether a person being served alcoholic beverages intends to serve the alcoholic beverages to other persons off the premises. N.H. REV. STAT. ANN. § 507-F:4 V (2014). A

defendant is not chargeable with knowledge of a person’s consumption of alcoholic

beverages or other drugs off the defendant’s premises, when the person misrepresents such consumption or the amount of such consumption, unless the defendant’s service to such person qualifies as reckless under N.H. REV. STAT. ANN. § 507-F:5. N.H. REV. STAT. ANN.

§ 507-F:4 VI (2014). A defendant is not under a duty to recognize signs of a person’s intoxication other than those normally associated with the consumption of alcoholic

beverages except for intoxication resulting in whole or in part from other drugs consumed on defendant’s premises with defendant’s actual or constructive knowledge. N.H. REV. STAT. ANN. § 507-F:4 VII (2014).

A person who becomes intoxicated may bring an action against a defendant for serving alcoholic beverages recklessly. N.H. REV. STAT. ANN. § 507-F:5(I) (2014). Service is reckless when a defendant intentionally serves alcoholic beverages to an individual “when the server knows, or a reasonable person in his position should have known, that such service creates an unreasonable risk of physical harm to the drinker or to others that is substantially greater than that which is necessary to make his conduct negligent.” Id. A defendant who is reckless in serving alcoholic beverages is liable for resulting damages. N.H. REV. STAT. ANN. § 507-F:5(II) (2014).

Specific serving practices that are admissible as evidence of reckless conduct include, but are not limited to, the following: (a) Active encouragement of intoxicated persons to consume substantial amounts of alcoholic beverages.

(b) Service of alcoholic beverages to a person, 16 years of age or under, when the server knows or should reasonably know the patron’s age.

(c) Service of alcoholic beverages to a patron that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning.

(d) The active assistance by a defendant of a patron into a motor vehicle when the patron is so intoxicated that such assistance is required, and the defendant knows or should know that the intoxicated person intends to operate the motor vehicle.

N.H. REV. STAT. ANN. § 507-F:5(III) (2014).

C. TOLLING PROVISIONS

The statute of limitations does not commence for a minor until the age of eighteen. A minor has two years after reaching the age of majority to file an action (the same applies to insane persons). N.H. REV. STAT. ANN. § 508:8 (2014).

D. SUBSTANTIVE LAW

1. Minors

Generally, service of alcoholic beverages to a minor is negligent if the defendant knows, or if a reasonably prudent person under like circumstances would know, that the person being served is a minor. N.H. REV. STAT. ANN. § 507 F:4(II) (2014). However,

service of alcoholic beverages to an adult who subsequently serves a minor off the premises or who is legally permitted to serve a minor does not constitute service to a minor, unless a reasonably prudent person in like circumstances would know that such subsequent service is reasonably likely to occur and is illegal. N.H. REV. STAT. ANN. § 507-F:4(IV) (2014).

2. Imbibers

An imbiber may not bring an action for negligent service of alcoholic beverages against a person or entity that served him the beverages unless he can demonstrate that the service of the beverages was reckless, as explained in the section concerning reckless service of alcohol, set forth above, and as codified in N.H. REV. STAT. ANN. § 507-F:5 (2014).