Also known as: New Hampshire rule · New Hampshire doctrine · New Hampshire test · NH rule · Durham rule
Written by attorneys · grounded in primary & secondary sources — see below
A modified comparative fault rule under which a plaintiff recovers damages reduced by the percentage of the plaintiff's own fault provided the plaintiff's fault does not exceed the defendant's fault. Recovery is barred entirely once the plaintiff's fault surpasses the defendant's fault. A plaintiff fifty percent at fault therefore recovers half the damages under this rule.
Nolan Nunez sued Northstar Logistics after a loading-dock accident. The jury found Nolan thirty-five percent at fault and the company sixty-five percent at fault. Because Nolan's fault did not exceed the defendant's, the court awarded him sixty-five percent of his damages under the New Hampshire system. Had Nolan been found fifty-five percent at fault, recovery would have been barred entirely.
Naveen Nanda brought a products claim against New Horizon Media for a defective press. The jury assigned each party fifty percent fault. Under the New Hampshire system Naveen recovered half his damages. The same facts would have produced a complete bar to recovery under the Georgia system.
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Under the New Hampshire system a plaintiff recovers when fault equals the defendant's fault. Under the Georgia system equal fault bars all recovery. Both systems bar recovery when the plaintiff's fault exceeds the defendant's fault.
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A plaintiff recovers when fault is equal to or less than the defendant's fault. A plaintiff fifty percent at fault therefore receives half the apportioned damages.
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Yes. Recoverable damages are reduced by the plaintiff's percentage of fault so long as that percentage does not exceed the defendant's percentage.
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