Skip to main content

New Hampshire law

Product Liability Laws in New Hampshire.

New Hampshire applies strict product liability for design, manufacturing, and warning defects. New Hampshire adopted Restatement (Second) Torts § 402A in Buttrick v. Lessard, 110 N.H. 36 (1969). Plaintiffs may recover under strict liability, negligence, or breach of warranty. The 3-year statute of limitations applies; New Hampshire has no specific statute of repose for product liability. Compensatory damages are not capped. Punitive damages are generally NOT available in New Hampshire except where specifically authorized by statute.

Last verified: 2026-04-17

State law

Statute of Limitations

3 yearsRSA 508:4

3-year personal injury statute applies to product liability.

State law

Damage Caps

Compensatory Damages: No cap

New Hampshire does not cap compensatory damages in product-liability cases.

Punitive Damages: Not available at common lawNew Hampshire common law

New Hampshire does not allow punitive damages at common law. Enhanced damages are available only where specifically authorized by statute (e.g., Consumer Protection Act treble damages, wage-theft multipliers).

State law

Key New Hampshire Statutes

Strict Product LiabilityButtrick v. Lessard, 110 N.H. 36 (1969); Restatement (Second) Torts § 402A

New Hampshire adopted strict product liability. Product sellers are liable for injuries caused by products in defective condition unreasonably dangerous to the user or consumer.

Design Defect (Consumer-Expectations + Risk-Utility)New Hampshire common law

New Hampshire applies both consumer-expectations and risk-utility analyses for design-defect claims.

No Punitive DamagesVratsenes v. N.H. Auto, 112 N.H. 71 (1972)

New Hampshire Supreme Court eliminated common-law punitive damages. Plaintiffs may recover liberal compensatory damages (including "enhanced compensatory" for aggravated conduct) but not punitives absent statutory authorization.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Hampshire.

Next step

Move from state law into guided help or attorney search.

If you want help applying this information to your situation, start with guided help or browse attorneys for this issue in New Hampshire.