Today, the American Tort Reform Association (ATRA) announced that New Hampshire is a “Lawsuit Inferno” in its new Legislative HeatCheck report.
“The trial bar’s aggressive push for liability expansion has made New Hampshire a ‘Lawsuit Inferno,’” Tiger Joyce, ATRA president said. “Lawmakers’ insistence on expanding liability this session swings open courthouse doors for excessive litigation.”
ATRA cites Senate Bill 462 as a top concern — a new law that significantly increases limits on noneconomic damages for loss of consortium claims in wrongful death cases. The new law raises the limit to $500,000 for spouses and $300,000 per child — more than triple the previous limits.
“Allowing unlimited damages for subjective claims like loss of consortium inevitably leads to excessive and unpredictable ‘nuclear’ verdicts driven by emotion rather than facts,” Joyce said. “SB 462 is an open invitation for runaway litigation that will increase costs for New Hampshire families.”
New Hampshire’s legal climate had been relatively stable, but excessive tort costs still impose a hefty $1,505 “tort tax” on households annually while sapping nearly 20,000 jobs from the state’s economy. Now with significant increases on noneconomic damage limits, the tort tax paid by New Hampshire residents likely will increase in the future.
“ATRA urged Gov. Sununu to veto SB 462 and work with leaders to rebalance the state’s civil justice system,” Joyce said. “Unfortunately, New Hampshire lawmakers chose to prioritize the financial interests of the plaintiffs’ bar and pursue a litigation free-for-all.”
ATRA’s Legislative HeatCheck report evaluates a select group of states’ progress — or lack thereof — in enacting meaningful tort reform measures during their most recent legislative sessions.
New Hampshire’s legislature was named a “Lawsuit Inferno” alongside state lawmakers in Colorado, Maryland, Missouri, and New York. The full Legislative HeatCheck report is available at heatcheck.atra.org.
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