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Immunity for town employees

Discussion in 'Government Property Snow Removal' started by plowking15, Feb 3, 2016.

  1. plowking15

    plowking15 Member
    Messages: 91

    I work for a dpw in the winter. There has been some injury lawsuits in NH for recreation or sports injuries on town or school property or the town beach.[ These suits were in other communities in NH] These were dismissed by NH supreme court because of immunity statutes. Nh does have immunity now for public or community safety. This probably includes Police,Fire Highway etc. There is legislature now that may restrict, limit or eliminate the immunity for lawsuits especially against employees themselfs for negligence etc. that results in personal injury.This may raise the cost of insurance (loss prevention] for towns. I think the lawyers are pushing hard for this the bills are HB1687 and HB1688 . We do have some protection for plowing in storms[ RSA 207.B] but this new legislature has me concerned. Should I quit plowing altogether? Will I need extra or personal insurance on top of town insurance to protect myself. I know a firefighter who might want to stop fighting fires depending on this legsilature . plowking
    Last edited: Feb 3, 2016
  2. seville009

    seville009 Senior Member
    from CNY
    Messages: 877

    If you are an employee, you should be covered by your employers policy. Anyone can sue anyone, of course, but a personal suit against you as an employee should not happen.
  3. plowking15

    plowking15 Member
    Messages: 91

    I hope you are right. I am more concerned plowing in the storm or traveling icy roads and meeting other vehicles versus plowing after the storm is done. Risks are higher in storm. plowking
  4. Randall Ave

    Randall Ave PlowSite Veteran
    Messages: 3,577

    Are you a town employee driving the towns truck. Or a contractor driving your truck?
  5. plowking15

    plowking15 Member
    Messages: 91

    town employee,town truck. plowking
  6. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Mostly likely you will be charged in an accident if they find that bong and case of beer in the cab.
  7. Randall Ave

    Randall Ave PlowSite Veteran
    Messages: 3,577

    Do you have daily safety inspection sheets in cabs and are they filled out. The trucks are in safe working condition, all lights and strobes work? What I'm getting at, as long as you do your due dillagence, and your not driving around like Grandview does, you will be fine. If your driving junk, which I've seen towns use, just a matter of time.
  8. plowking15

    plowking15 Member
    Messages: 91

    Equipment is newer,have fulltime mechanic at shop. Don't do drugs or smoke,drink,etc. I see things tightening up in years to come.Every town has a plow policy. Depends on size or route,size of storm, breakdowns,accidents,etc. as to how often the route is replowed. Up northern NH the towns may take longer as residents up there don't expect bare pavement a few hours after the storm.I used to snowmobile up there and camp might not be plowed for awhile. I wish we had a state of emergency at times to keep people home until we get done. plowking
  9. scottL

    scottL PlowSite.com Addict
    Messages: 1,613


    How true! There is no protection for malicious intent - expect if you are the president or congress.
  10. fireball

    fireball PlowSite.com Veteran
    Messages: 545

    anything is possible, talk to a lawyer. It doesn't matter if you are right or wrong, it depends if your lawyer is right or wrong. Most of the time the lawyers go after the big pockets in a lawsuit(those with large insurance coverages). But you are right, the tide is turning and they are bringing in the small guy. I see more and more playground supervisors being sued over mulch injuries. They assumed that they are covered by their employers liability when they ignored the problems of the impact areas. And you were only transporting the beer and bong back to a proper disposal area after finding them on the open highway and recognizing it as a hazard to children well within the scope and duty of transportation official in the performance of his duties