Filing Deadlines Under New Hampshire Law
A statute of limitations is the law's deadline for filing a lawsuit; a case filed after it runs can be dismissed no matter how strong it is. New Hampshire has several, and more than one can touch the same accident.
The general rule is in section 508:4 of the New Hampshire Revised Statutes Annotated. Personal actions, except slander or libel, "may be brought only within 3 years of the act or omission complained of." The statute adds a discovery rule: when the injury and its causal link to the act or omission were not discovered and could not reasonably have been discovered at the time, the action must be commenced within 3 years of when the plaintiff discovers, or with reasonable diligence should have discovered, the injury and that causal relationship (section 508:4).
Children are treated differently. Under section 508:8 of the New Hampshire Revised Statutes Annotated, "An infant or mentally incompetent person may bring a personal action within 2 years after such disability is removed" (Chapter 508).
A claim that a trampoline itself was defective has its own limits. Section 507-D:2 of the New Hampshire Revised Statutes Annotated requires product-liability actions to be commenced within 3 years of when the injury is, or with reasonable diligence should have been, discovered, and also no later than 12 years after the manufacturer of the final product parted with its possession and control or sold it, whichever occurred last. Where the defendant is a lessor, bailor or licensor with a legal duty to inspect, maintain or repair the product, the 12 years run from when it ceases to have use, possession or control or ceases to be under that duty. A claim based on a later duty imposed by a governmental regulatory agency, such as a duty to recall or warn, must be brought no later than 6 years after the defendant first incurred that duty, without shortening the other periods. Indemnity or contribution actions get the same periods plus 90 days. These limits do not apply to actions based on fraudulent misrepresentation, concealment or nondisclosure, to actions on a written contract providing a different period, or to certain warranty actions that do not seek damages for injury to person or property (section 507-D:2).
If a town or other governmental unit owned or ran the place where a trampoline injury happened, section 507-B:7 of the New Hampshire Revised Statutes Annotated sets a 3-year period with the same kind of discovery rule, and adds a condition: the clerk of the governmental unit must be notified by registered mail within 60 days after the injury, or after its discovery if it could not reasonably have been discovered at the time, of the date, time and location of the injury. Where the governmental unit alleges lack of notice within that period, it bears the burden of showing it was substantially prejudiced (section 507-B:7). Neighboring states set different rules; the site's Massachusetts trampoline injury page explains that state's separately.