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1996 New Hampshire Attorney General Reports and Opinions 1 (1996)

handle is hein.sag/sagnh0019 and id is 1 raw text is: DEPARTMENT OF JUSTICE STATE OF NEW HAMPSHIRE 33 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03301-6397 JEFFREY R. HOWARD ATTORNEY GENERAL February 22, 1996 George L. Iverson, Director office of Emergency Management State Office Park South 107 Pleasant Street Concord, New Hampshire 03301 Re: Immunity for services by volunteer emergency workers Dear George: You recently requested legal advice concerning whether RSA 338-A prohibiting contracts for indemnification of engineers, has any impact on the immunity provisions of RSA 107-C:10, which provides that any volunteer including engineers are immune from liability for services provided during an emergency. It is our view that RSA 338-A has no impact on the immunity established for engineers providing emergency services under RSA 107-C. RSA 338-A prohibits contracts or agreements providing for the indemnity of engineers. It does not prohibit a statutory grant of immunity. RSA 338-A was intended to prevent the widespread use by architects, engineers or surveyors of exculpatory clauses in contracts to consumers. Such adhesion contracts are against public policy, as a homeowner or consumer would not be able to obtain the services of an engineer or architect without agreeing to absolve the professional from all liability for negligence. This public policy does not apply to a situation in which the engineer or professional is volunteering their services to assist the public during an emergency. Furthermore, the immunity provided by RSA 107-C is statutory. As there is no contract or agreement, RSA 338-A cannot have any effect. Telephone 603-271-3658 * FAX 603-271-2110 * TDD Access: Relay NH 1.800-735-2964

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