New Hampshire Revised Statutes 507:8-g – Discoverability of Risk
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Terms Used In New Hampshire Revised Statutes 507:8-g
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
In product liability actions brought by or in consequence of harm to a user, it is an affirmative defense that the risks complained of by the plaintiff were not discoverable using prevailing research and scientific techniques under the state of the art and were not discoverable using procedures required by federal or state regulatory authorities charged with supervision or licensing of the product in question. Discoverability of risk shall be measured as of the time the manufacturer parted with possession and control of, or sold the product in question, whichever occurred last.