Pothole Concerns: RSA 231:90 through 92-a clearly spells out a town's liability in such a situation. This statute states that it is the town's responsibility to prevent highway insufficiencies. An insufficiency is defined as a defect that a reasonably prudent traveler, obeying all laws can neither discover nor avoid, or which makes a road impassable.
Secondly, the Town must have had one of the three following:
a. The Town would have had to receive written notice of the insufficiency, prior to the incident, warning it of the defect. If written notice is given, warning signs must be posted immediately and the town has 72 hours to develop a plan for repairing the insufficiency. The plan must then be implemented with "reasonable dispatch and good faith". If it isn't, the town becomes liable for any damage or injury caused by the reported insufficiency.
b. The Town would have had to have actual notice or knowledge of the defect, other than in writing, and exercised gross negligence or reckless disregard in following through on that knowledge.
c. The defect was an intentional act of a municipal officer, acting with gross negligence or reckless disregard of the hazard.