I. In the event that a claim is asserted, or litigation is commenced, against a New Hampshire manufacturer by a party who alleges injury or damage caused, in whole or in part, by a New Hampshire product, the New Hampshire manufacturer shall be entitled to indemnification from the original purchaser or lessee or any subsequent owner or lessee of the New Hampshire product, in the event that the alleged injury or damage would not have occurred if:
(a) Guards or other safety devices supplied with the New Hampshire product had not been removed or otherwise rendered inoperative; or

Terms Used In New Hampshire Revised Statutes 359-F:2

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

(b) The New Hampshire product had been installed, operated and maintained either in accordance with the New Hampshire manufacturer’s recommended instructions and procedures provided at the time of sale or lease of the New Hampshire product or in accordance with the New Hampshire manufacturer’s recommended instructions and procedures related to subsequent safety enhancements of the New Hampshire product.
II. The indemnification obligation of the purchaser or lessee of the New Hampshire product under paragraph I applies to all judgments, settlements, costs and expenses, including attorneys’ fees, rendered against or incurred by the New Hampshire manufacturer in the investigation, defense and settlement of claims and litigation as described in paragraph I. Such indemnification obligation shall exist whether the action or inaction described in subparagraph I(a) or (b), is attributable to the purchaser or lessee, or the officers, directors, employees, agents or contractors of either the purchaser or lessee.
III. The right to indemnification established in paragraph I shall be considered a matter of New Hampshire law, enforceable as such in any court or other forum of adjudication. Such right survives any subsequent sale or lease of the New Hampshire product, and remains enforceable so long as the New Hampshire manufacturer remains potentially liable for damages as a consequence of the action or inaction described in subparagraphs I(a) and (b).
IV. By virtue of the circumstances set forth in paragraph I of this section, the purchaser or lessee of a New Hampshire product shall be subject to and hereby voluntarily submits to the "in personam" jurisdiction of the New Hampshire courts. This chapter shall apply to all purchasers or lessees of New Hampshire products, regardless of the domicile of such purchasers or lessees or the locations where the New Hampshire products are utilized. Service of process on a nonresident defendant may be effected in accordance with the provisions of RSA 510:4.
V. A New Hampshire manufacturer may assert its claim or join a purchaser or lessee of a New Hampshire product in the underlying action or may commence a separate indemnification action against the purchaser or lessee. The "preponderance of the evidence" standard shall be applied to the factual determination contemplated by paragraph I.
VI. Any written original sale or lease contract for a New Hampshire product shall contain a notice in substantially the following form: "A right to indemnification for losses caused by abuse or misuse of this product is established by New Hampshire law, pursuant to chapter 359-F of the New Hampshire Revised Statutes Annotated."