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.
N.H. Rev. Stat. Ann. § 507:8-g
Discoverability of Risk
Applied in 3 court decisions — leading case 760 F. Supp. 2d 220 - Bartlett v. Mutual Pharmaceutical Company, Inc. (2011)
Most recently applied in 760 F. Supp. 2d 220 - Bartlett v. Mutual Pharmaceutical Company, Inc. (January 2011)
Source. 1988, 39:1, eff
Official source: New Hampshire General Court. Reproduced from public-domain New Hampshire statutes; confirm against the official source for the current text. Not legal advice.