Punitive Damages in New Hampshire: Statute-Only Rule (2026)

New Hampshire does not allow punitive damages unless a statute specifically provides for them: "No punitive damages shall be awarded in any action, unless otherwise provided by statute" (RSA 507:16). In place of punitive damages, New Hampshire courts may award enhanced compensatory damages when a defendant's act is wanton, malicious or oppressive, and those damages compensate the plaintiff rather than punish the defendant (Munson v. Raudonis, 118 N.H. 474 (1978)).

There is no general cap on enhanced compensatory damages, and the statutes that do authorize punitive or exemplary damages each cover a particular claim, some with their own limits. Punitive damages are barred against governmental units for bodily injury, personal injury or property damage and in tort claims against the State, although the Anti-Sanctuary City Act allows them in attorney general suits against local governments (RSA 106-Q:3). For how other states compare, see punitive damages laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Hampshire state law on punitive and enhanced compensatory damages in civil cases: RSA 507:16, the common-law rule on enhanced compensatory damages, the government bars, and the other statutes named below. It does not cover compensatory or noneconomic damages generally (see New Hampshire medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see New Hampshire wrongful death law), federal claims, or every statute that authorizes punitive, exemplary or multiple damages for a particular claim beyond those named here.

Does New Hampshire allow punitive damages?

Only where a statute authorizes them. RSA 507:16, titled "Punitive Damages Outlawed," took effect on July 1, 1986 (1986, 227:3):

"No punitive damages shall be awarded in any action, unless otherwise provided by statute."

The New Hampshire Supreme Court had already described the common-law position in Munson v. Raudonis (1978): "Both parties agree that the law of this State does not allow a defendant to be punished by being held liable for punitive or exemplary damages." As the court put it, "A plaintiff is to be awarded compensatory damages only."

So a punitive or exemplary award in New Hampshire needs a statute that provides for one. Several do, for particular claims, as described below.

Enhanced compensatory damages: the common-law alternative

What they are. New Hampshire allows a compensatory award to account for aggravated harm. Quoting an earlier decision, Munson stated: "However, when the act involved is wanton, malicious, or oppressive, the compensatory damages awarded may reflect the aggravating circumstances." In Figlioli v. R.J. Moreau Cos., 151 N.H. 618 (2005), the court restated the rule: "When an act is wanton, malicious, or oppressive, the aggravating circumstances may be reflected in an award of enhanced compensatory damages." It added that these "enhanced compensatory damages, sometimes called liberal compensatory damages," are "awarded only in exceptional cases, and not even in every case involving an intentional tort."

What must be shown. Munson required actual malice: "There must be ill will, hatred, hostility, or evil motive on the part of the defendant. Without such a showing, the mere commission of a tort will not give rise to the aggravated circumstances necessary for the award of liberal compensatory damages." In Figlioli, the court explained that to defeat the defendant's motion for a directed verdict, "the plaintiffs were required to present evidence of wanton, malicious or oppressive conduct on the part of the defendant." These decisions describe the conduct required; they do not state a separate burden of proof for enhanced damages.

The conduct must be pleaded as well as proved. Munson held that "liberal compensatory damages will not be allowed without the allegation and proof of wanton, malicious, or oppressive conduct." In Johnsen v. Fernald, 120 N.H. 440 (1980), the court applied the same rule to negligence claims: "It is only logical that the same rule apply to the unintentional tort of negligence."

They compensate, so they survive the wrongdoer's death. In Munson, the defendant argued that because exemplary damages punish, her death ended the right to them. The court disagreed, explaining that New Hampshire does "not seek to punish the wrongdoer, but only to compensate the plaintiff if she incurs aggravated damages due to the defendant's malicious behavior. Thus, when a cause of action survives the wrongdoer there is no reason to prevent the plaintiff from being fully compensated for her aggravated damages."

Discrimination cases. In discrimination cases removed to court under RSA 354-A (the State Commission for Human Rights chapter), "in lieu of an administrative fine, enhanced compensatory damages may be awarded when the court finds the respondent's discriminatory conduct to have been taken with willful or reckless disregard of the charging party's rights under this chapter" (RSA 354-A:21-a).

Drunk-driving cases

Johnsen v. Fernald was a car crash case in which the plaintiff had not alleged wanton, malicious or oppressive conduct. The court affirmed a ruling that evidence of the driver's intoxication was not admissible for the purpose of enhancing damages, and said: "In the context of measuring damages, however, we do not equate the act of driving while under the influence with the term 'malice'." It added that should the legislature decide that those who cause injuries while driving under the influence "should be liable for enhanced damages, it is free to do so." For the rest of New Hampshire crash law, see New Hampshire car accident laws.

Statutes that authorize punitive or exemplary damages

These statutes are the exceptions RSA 507:16 allows. Each applies only to the claim it covers, and each uses its own wording:

• Wiretapping and eavesdropping. In a civil action under the wiretapping and eavesdropping chapter, the plaintiff is "entitled to recover from any such person: (a) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (b) punitive damages; and (c) a reasonable attorney's fee and other litigation costs reasonably incurred" (RSA 570-A:11).
• Consumer credit reporting. For willful noncompliance, liability includes "Such amount of punitive damages as the court may allow" (RSA 359-B:16, II).
• Credit services organizations. "An award, if the trial court deems it proper, may be entered for punitive damages" (RSA 359-D:11). The organization's surety or trustee "shall be liable only for actual damages and not the punitive damages permitted under RSA 359-D:11" (RSA 359-D:8, III).
• Wireless telephone cloning. A telecommunication service provider aggrieved by a violation may obtain relief including "compensatory and punitive damages" (RSA 638:24, II).
• Subcutaneous identification devices. In addition to actual and compensatory damages, "punitive damages may also be awarded upon proof of the defendant's malice, oppression, fraud, or duress in requiring, coercing, or compelling the plaintiff to undergo the subcutaneous implanting or other internal bodily possession of an identification device" (RSA 644:22, III(c)).
• Hazardous waste whistleblowers. Under the hazardous waste management chapter, an employee who has been discharged or discriminated against in violation of the section's first paragraph "may bring an action against the employer in the superior court for injunctive relief, and for compensatory and exemplary damages" (RSA 147-A:12, II).
• Trade secrets. "If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under paragraph I" (RSA 350-B:3, II, Uniform Trade Secrets Act).
• Sales representative commissions. "The court may award exemplary damages of up to 3 times the commission owed in an action brought under this chapter" (RSA 339-E:3).
• Land sales and condominiums. Under the Land Sales Full Disclosure Act and the Condominium Act, "In the discretion of the court, exemplary damages of up to $5,000 may also be awarded" (RSA 356-A:16, II; RSA 356-B:65, II).

Multiple damages under the consumer protection chapter. RSA 358-A, the chapter on regulation of business practices for consumer protection, does not use the word punitive, but it multiplies the award for willful or knowing violations: "If the court finds that the use of the method of competition or the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount" (RSA 358-A:10, I).

Where a statute does authorize punitive damages, the U.S. Supreme Court's due-process limits on the size of punitive awards also apply; the punitive damages hub explains them.

Is there a cap on punitive damages in New Hampshire?

There is no general cap on enhanced compensatory damages, and RSA 507:16 bars punitive damages outright unless a statute provides for them. Some of the statutes that authorize exemplary damages set their own limits: twice any award made under paragraph I for willful and malicious trade secret misappropriation (RSA 350-B:3, II), up to 3 times the commission owed in sales representative commission cases (RSA 339-E:3), and up to $5,000 in land sales and condominium cases (RSA 356-A:16, II; 356-B:65, II). The consumer protection multiplier runs from 2 to 3 times "such amount" for willful or knowing violations (RSA 358-A:10, I).

Government defendants

Governmental units. "The court shall award no punitive damages against a governmental unit for bodily injury, personal injury or property damage" (RSA 507-B:4, II). A present or former employee, trustee or official of a governmental unit is subject to "the same limits as those which govern governmental unit liability, so long as said employee or official was acting within the scope of his or her office and reasonably believed in the legality of his or her actions" (RSA 507-B:4, IV).

The State. Tort claims against a state agency are limited to "$475,000 per claimant and $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA 9:27, whichever amount is greater; except that no claim for punitive damages may be awarded under this chapter" (RSA 541-B:14, I).

Local governments under the Anti-Sanctuary City Act. One recent statute runs the other way. For violations of RSA 106-Q, effective January 1, 2026 (2025, 38:2), relief "may include injunctive relief and punitive damages. Punitive damages may include a fine of up to 25 percent of the total state funds received by the local government entity in the fiscal year when the violation occurred." Fines collected "shall be lapsed to the general fund of the state of New Hampshire" (RSA 106-Q:3, I).

Wrongful death

RSA 556:12 lists the elements of damages in a wrongful death action, including the decedent's mental and physical pain, the reasonable expenses occasioned to the estate, the probable duration of life and earning capacity, with separate limits on certain spouse and family-relationship damages. It does not mention punitive or exemplary damages, and RSA 507:16 bars punitive damages unless a statute provides for them. Who brings a death claim and the deadlines are on the New Hampshire wrongful death page.

Does New Hampshire take a share of the award?

No general New Hampshire statute gives the State or a fund a share of a private punitive or exemplary award. The Anti-Sanctuary City Act fines described above lapse to the state general fund, but they are a public enforcement remedy against a local government entity, not a division of a private award.

Does insurance pay punitive damages in New Hampshire?

American Home Assurance Co. v. Fish, 122 N.H. 711 (1982), was a coverage dispute over a lawsuit against the City of Keene, a police detective and the police chief that included federal civil rights claims. The New Hampshire Supreme Court said that "public policy sanctions rather than opposes insuring for liability arising directly against the insured from intentional torts such as false arrest, slander or § 1983 actions."

On punitive damages, the court held that a policy excluding "fines and penalties imposed by law" did not cover them: "Exemplary or punitive damages are 'fines and penalties' within the meaning of that phrase." The other insurer's policy had no similar exclusion, so that insurer was "liable for any award of exemplary or punitive damages."

In Weeks v. St. Paul Fire & Marine Insurance Co., 140 N.H. 641 (1996), the court restated that it has "held an insurance company liable for exemplary or punitive damages where fines and penalties are not expressly excluded by the policy language." Neither case addresses enhanced compensatory damages.

Insurance guaranty association claims

When an insurer becomes insolvent, the New Hampshire Insurance Guaranty Association Act of 2004 excludes punitive awards from what the association pays: a "covered claim" does not include "Any amount awarded as punitive or exemplary damages" (RSA 404-H:5, IX(c)(1)).

New Hampshire punitive damages at a glance

Recent changes

RSA 507:16 has been in effect since July 1, 1986. The most recent statute touching punitive damages is the Anti-Sanctuary City Act provision in RSA 106-Q:3, which took effect on January 1, 2026 and allows punitive damages, including a fine of up to 25 percent of state funds received, against a local government entity that violates that chapter.

Related pages

• Punitive damages laws by state
• New Hampshire wrongful death law
• New Hampshire medical malpractice law
• New Hampshire car accident laws
• New Hampshire statute of limitations

This article provides general legal information about New Hampshire punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Hampshire.

Last updated: 2026-10-18.

Frequently Asked Questions

Does New Hampshire allow punitive damages?

Only where a statute provides for them. RSA 507:16 states that no punitive damages shall be awarded in any action unless otherwise provided by statute. Courts may instead award enhanced compensatory damages for wanton, malicious or oppressive conduct, which compensate the plaintiff rather than punish the defendant (Munson v. Raudonis, 1978).

What are enhanced compensatory damages in New Hampshire?

They are compensatory damages that reflect aggravating circumstances when the defendant's act is wanton, malicious or oppressive (Figlioli v. R.J. Moreau Cos., 2005). Under Munson v. Raudonis (1978), they are awarded only in exceptional cases and require ill will, hatred, hostility or evil motive on the part of the defendant, and the wanton, malicious or oppressive conduct must be alleged as well as proved.

Is there a cap on punitive damages in New Hampshire?

There is no general cap on enhanced compensatory damages. Some statutes that authorize exemplary damages set their own limits, such as twice the award for willful and malicious trade secret misappropriation (RSA 350-B:3, II), up to 3 times the commission owed in sales representative commission cases (RSA 339-E:3), and up to $5,000 in land sales and condominium cases (RSA 356-A:16, 356-B:65).

Are punitive damages available in a New Hampshire wrongful death case?

RSA 507:16 bars punitive damages unless a statute provides for them, and RSA 556:12, which lists the elements of wrongful death damages, does not mention punitive or exemplary damages.

Are punitive damages available against the government in New Hampshire?

Generally no. RSA 507-B:4, II bars punitive damages against a governmental unit for bodily injury, personal injury or property damage, and RSA 541-B:14, I provides that no claim for punitive damages may be awarded in tort claims against the State under that chapter. One statute runs the other way: in a suit by the attorney general under the Anti-Sanctuary City Act, relief against a local governmental entity may include punitive damages, including a fine of up to 25 percent of the total state funds it received in the fiscal year of the violation (RSA 106-Q:3, I).

Are punitive damages available for illegal wiretapping in New Hampshire?

Yes, by statute. RSA 570-A:11, in the wiretapping and eavesdropping chapter, allows a plaintiff to recover actual damages but not less than liquidated damages of $100 a day or $1,000, whichever is higher, plus punitive damages and a reasonable attorney's fee (RSA 570-A:11).

Are enhanced damages available against a drunk driver in New Hampshire?

In Johnsen v. Fernald (1980), a crash case in which wanton, malicious or oppressive conduct was not alleged, the New Hampshire Supreme Court affirmed the exclusion of evidence of the driver's intoxication offered to enhance damages and said it does not equate driving under the influence with malice in measuring damages. The court noted that the legislature is free to make such drivers liable for enhanced damages.

Does New Hampshire take part of a punitive damages award?

No general New Hampshire statute gives the State a share of a private punitive or exemplary award. Under the Anti-Sanctuary City Act, fines collected as part of punitive damages against a local government entity lapse to the state general fund (RSA 106-Q:3, I), but that is a public enforcement remedy, not a split of a private award.