New Hampshire Fish & Game Department v. Bacon

Summary

The New Hampshire Supreme Court held that RSA 206:26-bb imposes the common-law reasonable-person negligence standard on individuals whose negligent conduct requires a Fish and Game Department search and rescue response. The court upheld findings that Edward Bacon acted negligently by continuing a challenging hike in adverse conditions and attempting to jump backward over a rock ledge despite his history of hip dislocations. It also upheld the Department’s award of $9,186.38 in reasonable rescue costs, plus costs and interest.

Holdings

1. RSA 206:26-bb imposes the common-law negligence standard, requiring the person to act as a reasonable person would under the same circumstances.
2. The evidence supported the trial court's finding that Bacon acted negligently and that his conduct directly caused the need for the Department's rescue.
3. The award for the Department's reasonable search and rescue costs was proper, including costs associated with on-duty personnel diverted to the rescue.

Questions Presented

1. Whether RSA 206:26-bb requires application of the ordinary common-law negligence standard to determine whether a hiker is liable for search and rescue costs.
2. Whether sufficient evidence supported the trial court's finding that Bacon acted negligently and thereby required the Department's search and rescue response.
3. Whether the damages award improperly included wages, mileage, and other expenses for Department officers who were on duty and would have been paid regardless of their participation in the rescue.

Disposition

affirmed