Connecticut

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (CONNECTICUT)

Personal Injury - 2 yrs.* (but no later than 3 yrs. from act/omission) [C.G.S.A. § 52-584]

Wrongful Death - 2 yrs. from death (but no later than 5 yrs. from act/omission) [C.G.S.A. § 52-555]

Med Mal - 2 yrs.* (but no later than 3 yrs. from act/omission) [C.G.S.A. § 52-584]

Property Damage - 2 yrs.* (but no later than 3 yrs. from act/omission) [C.G.S.A. § 52-584]

*Caution: the statute of limitations essentially operates as a statute or repose

All Product Liability Actions involving Personal Injury, Death or Property Damage - 3 yrs. (from discovery) [C.G.S.A. § 52-577a]

Written Contracts - 6 yrs. [C.G.S.A. § 52-576]

Oral Contracts - 3 yrs. [C.G.S.A. § 52-581]; but 6 yrs. if Contract has been performed by one party [C.G.S.A. § 52-576; John H. Kplb & Sons, Inc. v. G and L Excavating, Inc. (621 A.2d 774 (Conn. App. 2003)]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [C.G.S.A. § 42a-2-725]

 

 

 

Statutes of Repose (CONNECTICUT)

Products - 10 yrs. (unless Plaintiff can show the harm occurred during useful life of the product) [C.G.S.A. § 52-577a]

Construction of Real Property - 7 yrs. (but may sue within 1 yr. if injury occurs during 7th year) [C.G.S.A. § 52-584a]

Caution: the 2-year torts statute of limitations can essentially operate as a statute or repose.

 

 

 

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (CONNECTICUT)

Against State - Must present claim within 1 yr. of accrual [C.G.S.A. § 4-148], but no later than 3 yrs. from the act complained of [C.G.S.A. § 4-148].  When the Claims Commissioner deems it just and equitable, it may authorize suit against the State and suit must be filed within 1 yr. from such authorization [C.G.S.A. § 4-160].  Note: the Claims Commissioner does not accept or pay any subrogated claims [C.G.S.A. § 4-160b]

Against Municipalities - Notice within 6 mos. and Suit within 2 yrs. [C.G.S.A. §§ 7-101a; 7-465]

Claims Involving Defective Roads or Bridges - Notice within 90 days and Suit within 2 yrs. [C.G.S.A. § 13a-149]

 

 

 

Comparative Negligence (CONNECTICUT)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [C.G.S.A. § 52-572h]

 

 

 

Made Whole Doctrine (MWD) (CONNECTICUT)

MWD operates as a default rule in insurance contracts, and the parties are free to provide differently in their contract if they do so expressly; MWD does not apply to deductibles [Fireman's Fund Ins. Co. v. TD Banknorth Ins. Agency, Inc., 72 A.3d 36 (Conn. 2013)].

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (CONNECTICUT)

Recognized but, most likely, applies only in commercial cases, involving sophisticated parties.  The Product Liability Act (which creates exclusive remedy for product liability cases) states that as between commercial parties, “harm” does not include commercial loss [C.G.S.A. § 52-572m].  ELD bars negligence claims for commercial losses arising out of the defective performance of contracts; however, it does not bar claims under Connecticut Unfair Trade Practices Act by a buyer of personal property [Ulbrich v. Groth, 78 A.3d 76 (Conn. 2013)]

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (CONNECTICUT)

With respect to Med Mal actions, the attorney must made a reasonable inquiry to determine that there are grounds for a good faith belief that there has been negligence in the care/treatment. The complaint must contain a certificate of the attorney that reasonable inquiry was made that gave rise to a good faith belief that grounds exist for the action.  To show the existence of such good faith, the claimant must obtain a written and signed opinion of a similar health care provider [C.G.S.A. § 52-190a]

 

 

 

Landlord/Tenant Subrogation (CONNECTICUT)

No subrogation allowed in the absence of express agreement (“Sutton Rule” applies) [DiLullo v. Joseph, 792 A.2d 819 (Conn. 2002)].

 

 

 

Reimbursement of Deductible(s) (CONNECTICUT)

Auto - Pro rata (must include in subro demand).  Property - No law available.

 

 

 

MedPay and PIP (CONNECTICUT)

MedPay - No subrogation allowed.  PIP - No subrogation allowed and/or no such coverage available.

 

 

 

Liability of Parents (CONNECTICUT)

$5,000 for willful or malicious acts, or damaging a vehicle taken without owner’s permission [C.G.S.A. § 52-572].

 

 

 

Joint Liability (CONNECTICUT)

Several liability in negligence actions (Plaintiff can recover from each Defendant only that Defendant’s share of fault).  If Defendant is unable to pay its share, the other Defendants can be compelled to a portion of the uncollectable amount.  Joint and several liability remains the rule for actions that do not sound in negligence (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability) [C.G.S.A. § 52-572h].

 

 

 

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (CONNECTICUT)

Connecticut has recognized a tort of intentional spoliation against a first party [Rizzuto v. Davidson Ladders, Inc., 905 A.2d 1165 (Conn. 2006)]

 

 

 

Conflicts of Law (CONNECTICUT)

Connecticut will apply the law of the state with the closest relationship and the greatest interest in the disposition of the case [Dugan v. Mobile Medical Testing Services, Inc., 830 A.2d 752 (Conn. 2003); Interface Flooring Systems, Inc. v. Aetna Cas. and Sur. Co., 804 A.2d 201 (Conn. 2002)]