After a Fatal Piscataquog River Drowning, What Does New Hampshire Law Say About Trail and River Safety?

On the evening of July 24, 2026, New Hampshire State Police Marine Patrol Officers responded to a report of a possible drowning in the Piscataquog River near Douglas Street in Manchester. A 23-year-old Manchester man had been walking along the Piscataquog River Trail with a friend when he entered the river to swim alone. Shortly after, his friend saw him struggling in the water and called for help. Together with responding Manchester firefighters, the friend pulled him to shore and began lifesaving efforts, but the man was pronounced deceased at a regional hospital the following morning.

Tragedies like this one raise a difficult question for grieving families. If a public trail or waterway turns out to be dangerous, who, if anyone, can be held legally responsible?

New Hampshire’s Recreational Land Use Immunity Law

New Hampshire has a specific statute addressing exactly this situation. Under RSA 508:14, a landowner, including a city, town, or the state itself, that allows the public to use its land for outdoor recreation without charging a fee generally cannot be held liable for injuries or deaths that occur there. This protection covers a wide range of activities, including water sports, hiking, and simply walking along a trail like the one bordering the Piscataquog River.

The law exists to encourage municipalities and private landowners to keep trails, riverbanks, and other natural spaces open to the public. Without this kind of protection, many cities might otherwise close off access to parks and waterways out of fear of lawsuits.

The Narrow Exceptions to Immunity

This immunity is broad, but it is not absolute. New Hampshire courts have interpreted RSA 508:14 to still allow a claim in a few limited situations. A landowner remains open to liability if it intentionally caused the injury, or if it maliciously failed to warn visitors about a known dangerous condition on the property. A separate provision of the statute addresses organizations that build or maintain public trails, allowing claims against them only for gross negligence or willful and wanton misconduct, a much higher bar than ordinary carelessness.

Why the Details of Every Case Matter

Whether a claim can move forward after a tragedy like this typically depends on specific facts that are not always apparent from a news report. Was there a known hazard at that stretch of river that the city had been warned about and failed to address? Was the area actually open to the general public without charge? These are the kinds of questions that require a real investigation rather than assumptions.

Can a Manchester Wrongful Death Attorney Help Me?

Our hearts go out to the family and friends affected by this tragedy. If you have lost a loved one in a similar incident and have questions about whether a claim may be possible under New Hampshire law, our Manchester wrongful death attorneys can walk you through how these immunity laws apply to your specific circumstances. Reach out to the Law Office of Manning Zimmerman & Oliveira PLLC for a consultation.

Sources:

unionleader.com/news/local/manchester/manchester-man-23-drowns-in-piscataquog-river/article_67f32775-562e-46a0-86e1-2b3a5698e244.html

gc.nh.gov/rsa/html/lii/508/508-14.htm