Asked in Civil Litigation and Education Law for New Hampshire

Q: What is the statute of limitations for filing a negligence suit against a NH educational system?

Failure to supervise an employee whose actions created an uncomfortable environment (include abuse of power and discrimination).

1 Lawyer Answer

Joseph Kelly Levasseur

PREMIUM
Answered
  • Manchester, NH
  • Licensed in New Hampshire

A: It may depend on the facts of the case and the remedies allowed by contract or statute and whether or not it could be a Human Rights Commission type claim. If this is a straight forward negligence claim then it would be three years but and this is a BIG but, the person bringing suit has to exhaust all of his or her remedies prior to bringing suit in either state or federal court. In other words, watch out for demanding hearings in front of the school board or some Board in charge of grievances, especially if the person is a union member. Under this question, without more facts, I don't have enough to advise fully. But, exhausting ALL administrative remedies is key before you should file suit and not have it dismissed. If you want, call an employment attorney directly and work through the limitations and remedies possibly in the way prior to filing suit. Time is of the essence, so make sure you research the rules, and contract terms of employment.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.