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
Joseph Kelly Levasseur
  • 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.

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