CONCORD, N.H. (Legal Newsline) – New Hampshire isn’t entitled to immunity from a lawsuit brought by a woman struck by a crumbling wall owned by the State.
Plaintiff Janet Bisceglia was standing on ground owned by the federal government on June 10, 2018, when she was injured. A trial court granted immunity for the State, but the state Supreme Court overturned on April 1.
It rejected arguments Bisceglia didn't need to be on state grounds for the State to be granted immunity under the recreational use statute.
“This conclusion is supported by the purpose of the statute to encourage owners of land to offer up their land for public use in exchange for the recreational user relinquishing his or her cause of action for non-intentional injury or damage,” Justice Gary Hicks wrote.
Bisceglia visited a lighthouse in New Castle in 2018 on grounds owned by the federal government that are adjacent to State-owned Fort Constitution.
While standing on federal land, a piece of Fort Constitution wall fell on top of her and injured her. She sued the State for negligence, which argued it owed no duty to a person standing on federal ground.
The recreational use law provides: “An owner, occupant, or lessee of land, including the state or any political subdivision, who without charge permits any person to use land for recreational purposes or as a spectator of recreational activity, shall not be liable for personal injury or property damage in the absence of intentionally caused injury or damage.”
But Bisceglia never entered the State’s property.
“(B)ecause it is undisputed that the plaintiff did not use the State’s land, the trial court erred in granting the State’s motion for summary judgment,” Hicks wrote.