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Bowden v. Commissioner12/21/1999
y for highway maintenance and the plaintiffs' 1994 notice was insufficient to satisfy the notice requirement of RSA 230:80. The plaintiffs argue that their 1994 notice "gave the defendants an opportunity to correct the defects identified by the plaintiffs," but the defendants "chose to do nothing about them," and therefore "the defendants have . . . waived any untimely or inadequate notice arguments or defense by concluding that no insufficiency exists." While the plaintiffs contend that their April 1994 notice provided the defendants with notice of an insufficiency in the roadway, see RSA 230:78, the State's liability arises only after the State fails to remedy the defect. See RSA 230:79. Under RSA 230:79, any liability that arises after a notice of insufficiency under RSA 230:78 applies only to incidents occurring after the notice. Absent a claim of actual notice of an alleged or actual defect prior to the injury, there can be no liability under RSA 230:80, I(a)-(b).
Affirmed.
All concurred.
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