New Hampshire Fish and Game Department v. Bacon

Under a New Hampshire statute, a hiker whose negligence necessitates a search-and-rescue response must reimburse the Fish and Game Department (plaintiff) for its costs. Bacon (defendant), who had undergone multiple hip surgeries and had previously dislocated an artificial hip five times, went on a difficult mountain hike despite a forecast of severe storms. While trying to cross a rock ledge, he fell and dislocated his hip again, triggering a rescue by about fifteen Department employees, some already on duty. The Department sued Bacon under the statute and the trial court awarded it $9,186.38 in costs, including overtime, mileage, and benefits for the responders. Bacon appealed.