Potholes

Municipal immunity may have originated in the English common law in the case of Russell v. Men of Devon, 2 Term Rep. 667, 100 Eng. Rep. 359 (1789). At the time that case was decided, the idea of a municipal corporation was in its infancy, and lawsuits were brought against the entire population of a community. Because there were no municipal funds (or insurance) from which to pay a judgment, individual citizens were required to pay out of their own pockets. Thus, in Russell, the court held that it was better that an injured person be without remedy than to expose the public at large to liability. ... In New Hampshire, the common law changed when the Supreme Court issued its decision in Merrill v. Manchester, 114 N.H. 722 (1974). ... As a result of the Court’s decision, cities and towns became responsible for most injuries negligently caused by their agents and employees in the course of their employment or official duties.

RSA 231:90 – :92-a establishes the scope of a municipality’s legal duty to travelers using public highways and sidewalks. A municipality’s sole legal duty is to correct “insufficiencies.” An “insufficiency” exists when a highway or sidewalk is either not safely passable by those persons or vehicles permitted to use such highway or sidewalk, or there exists a safety hazard not reasonably discoverable or reasonably avoidable by a person when using the highway or sidewalk in a reasonable, prudent and lawful manner.