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Illegal aliens and the right to sue in New Hampshire

Back in March, the New Hampshire Supreme Court answered three questions about an Illegal alien's right to sue for negligence in NH. In this particular case an illegal alien was injured when an aerial lift tipped over and fell on him.

The first question was whether the person could sue at all in New Hampshire if they suffered a personal injury because of someone's negligence. The answer...Yes.

The second question was whether that person could recover lost wages despite the fact that they were in the United States illegally. If the employer knew or should have known that the person was here illegally, then that employer might have to pay. It is not a "black and white" or "yes or no" answer; it will depend on what the injured person can prove the employer knew.

The third question asked whether the defendant can introduce to the jury that the person is here illegally in order to rebut a lost wages claim. The Supreme Court allowed that the defendant can put that information into evidence because it is relevant on the issue of lost earnings.

Source: Rosa v. Partners in Progress, Inc.

Full post as published by New Hampshire Law Blog on June 27, 2005 (boomark / email).

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