TITLE LII
ACTIONS, PROCESS, AND SERVICE OF PROCESS
Chapter 507-D
PRODUCT LIABILITY ACTIONS
Section 507-D:1
507-D:1 Definitions. –
As used in this chapter:
I. "Product liability action" means any action brought for or on account of personal injury, death or property damage or other damage caused by or resulting from the development, manufacture, construction, design, formula, preparation, assembly, testing, warning, instructing, advertising, marketing, certifying, packaging, or labeling of any product. The term includes all such actions, regardless of the legal theory relied upon, whether strict liability in tort, negligence, breach of warranty, breach of or failure to discharge a duty to warn or instruct, misrepresentation, concealment, nondisclosure or any other theory whatsoever.
II. "Risk" means any risk, danger, hazard, defect, condition or adverse effect or side effect of the product in question.
III. "User" means a purchaser, or any individual who uses or consumes the product. Where the user is under legal disability, the term also includes the user's legal representative. Where the user is an employee who has been using the product while acting within the scope of employment, the term also includes the employee's employer or co-employee. The term also includes any person who, while acting on behalf of the user, was in possession and control of the product in question.
Source. 1978, 31:1, eff. Aug. 22, 1978.
Section 507-D:2
507-D:2 Limitation of Product Liability Actions. –
Notwithstanding any other provision of law, all product liability actions must be commenced within the following time limits and not otherwise:
I. Within 3 years of the time the injury is, or should, in the exercise of reasonable diligence, have been discovered by the plaintiff; and
II. (a) No later than 12 years after the manufacturer of the final product parted with its possession and control or sold it, whichever occurred last; or
(b) Where the defendant is a lessor, bailor or licensor of a product who is under a legal duty to inspect, maintain, repair, modify, alter or improve the product in question, no later than 12 years after the time at which the defendant ceases to have the use, possession or control of the product or ceases to be under the legal duty to inspect, maintain, repair, modify or improve it; or
(c) Where the plaintiff's action is based upon a legal duty imposed by any governmental regulatory agency to alter, repair, recall, inspect or issue warnings or instructions about the product or otherwise to take any action or precaution for the benefit of the injured party, which legal duty arose after the defendant parted with possession and control of the product or sold the product, whichever came last, no longer than 6 years after the defendant first incurred the legal duty. This subparagraph does not shorten the time period established in subparagraphs (a) and (b) of this paragraph.
III. Where the action is brought to recover indemnity or contribution for damages paid to or claimed by another, the action must be commenced within the same period established in RSA 507-D:2, I and II, plus 90 days.
IV. The limitation periods established in RSA 507-D:2, I, II and III do not apply to actions based on the defendant's fraudulent misrepresentation, concealment or nondisclosure, or to any actions based upon a written contractual obligation which provides for a different period of limitation, or to actions brought under RSA 382-A:2-313, 2-314 or 2-315 which do not seek damages for or on account of injury to person or property.
Source. 1978, 31:1, eff. Aug. 22, 1978.
Section 507-D:3
507-D:3 Modification or Alteration of Products. –
In any product liability action, the defendant may be held liable only for harm that would have occurred if the product had been used in its unaltered and unmodified condition and shall not be held liable for harm arising in any part from alteration or modification of the product by another. For the purpose of this section, alteration or modification includes failure to observe routine care and maintenance, but does not include ordinary wear and tear or alterations or modifications made in accordance with specifications or instructions furnished by the defendant.
Source. 1978, 31:1, eff. Aug. 22, 1978.
Section 507-D:4
507-D:4 Repealed by 1988, 39:3, eff. Jan. 1, 1989. –
Section 507-D:5
507-D:5 Applicability. –
This chapter applies to all product liability actions accruing after August 22, 1978, and, as to such actions, shall supersede any inconsistent provision of law. In addition, this chapter applies to causes of action accruing prior to August 22, 1978, upon which no action has been instituted as of August 22, 1978, except that the time for bringing such actions as specified in RSA 507-D:2 shall be computed from August 22, 1978.
Source. 1978, 31:1, eff. Aug. 22, 1978.