Originally Posted By: bsmith
this is the new hampshire law as found through a link at the nh fish and game website:

153-A:24 Responsibility for Public Agency Response Services. –
I. A person shall be liable for response expenses if, in the judgment of the court, such person:
(a) Negligently operates a motor vehicle, boat, off highway recreational vehicle, or aircraft while under the influence of an alcoholic beverage or controlled drug and thereby proximately causes any incident resulting in a public agency response;
(b) Takes another person or persons hostage or threatens to harm himself or another person, thereby proximately causing any incident resulting in an appropriate public agency response; or
(c) Recklessly or intentionally creates a situation requiring an emergency response.
II. A person's liability under this subdivision for response expenses shall not exceed $10,000 for any single public agency response incident.

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now, does this alter the discussion?

i suspect no one would argue with (a) or (b).

even if you are reckless (c), it would only set you back 10k.

and for intentional (c) - my 2 cents says bill 'em double.


Apparently they wrote it so the person they rescued has to be found guilty of a crime in court first.

So is the billing for services a criminal case, a civil suit (torte for damages) or getting billed for unsolicited services.
If it is criminal then that brings up double jeopardy. You can not be charged for the same crime twice.
If it is a torte action than it is just like every other small claims civil suit which lands us at whether the person receiving the services had them forced on him against their will.
New Hampshire Fish and Game might be opening themselves up for counter suits.
Negative billing is against the law.

This law also opens it up for privatized rescue insurance and privatized search and rescue operators who can even bill for rescuing people against their will.
Since it is now a billable service then trying to deny private operators the right to compete would be unfair business practices.

Say goodbye to SAR and say hello to prepaid rescue plans where you only get the rescue you can afford.

I think the only people who will ever make any money from this are lawyers and insurance agencies.
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