Personal Injury Laws in Connecticut

Personal Injury Law in Connecticut: Overview

Connecticut follows a modified comparative negligence system with a 50% bar, preventing plaintiffs who are 50% or more at fault from recovering damages. The state has a two-year statute of limitations for most personal injury claims. Connecticut does not impose statutory caps on compensatory or non-economic damages in personal injury cases, making it relatively favorable for plaintiffs in terms of damage recovery. The state is a fault-based jurisdiction for auto accidents and does not have no-fault insurance. Connecticut has specific statutes governing product liability, premises liability, and dram shop liability. The state's courts have developed extensive case law on negligence principles, and Connecticut is known for its thorough discovery process and well-established trial procedures.

Key Statutes & Deadlines

Modified Comparative Negligence System

Connecticut applies modified comparative negligence under Conn. Gen. Stat. § 52-572h. A plaintiff whose negligence is less than 50% of the total negligence of all parties can recover damages reduced by their percentage of fault. If the plaintiff is 50% or more at fault, they recover nothing. When multiple defendants are involved, the jury allocates percentages of fault among all parties. Connecticut law also provides for apportionment of liability among defendants, with each defendant generally liable only for their proportionate share of damages. However, if a defendant's actions were willful or wanton, joint and several liability may apply.

Dram Shop and Social Host Liability

Connecticut has a dram shop statute that allows injured parties to bring claims against establishments that served alcohol to an intoxicated person who subsequently caused injury. Under Conn. Gen. Stat. § 30-102, a claim must be filed within one year of the date of injury, which is significantly shorter than the general two-year personal injury statute of limitations. Damages under the dram shop act are capped at $250,000. Connecticut does not impose social host liability for adults but does hold social hosts liable for providing alcohol to minors who cause injury. These provisions add an additional layer of potential liability in alcohol-related injury cases.

Product Liability Framework

Connecticut has a comprehensive Product Liability Act that governs all claims for harm caused by defective products. Under this act, manufacturers, sellers, and distributors can be held strictly liable for injuries caused by products that are unreasonably dangerous due to design defects, manufacturing defects, or inadequate warnings. The Act provides for a 10-year statute of repose from the date the product was sold, after which product liability claims are generally barred. Connecticut courts apply risk-utility balancing to determine whether a product design is unreasonably dangerous and consider the availability of alternative designs.

Connecticut Court System

Connecticut's Superior Court is the sole trial court of general jurisdiction, with locations throughout the state's eight counties. Personal injury cases are filed in Superior Court regardless of the amount in controversy. Connecticut abolished its separate Court of Common Pleas and consolidated all trial-level matters into the Superior Court system. Appeals go to the Connecticut Appellate Court, and further review is available from the Connecticut Supreme Court. Civil juries consist of 6 members, and verdicts must be unanimous. Connecticut has a robust pretrial process that includes mandatory case management conferences and encourages settlement through judicial mediation.

Damages & Penalties

Connecticut does not impose statutory caps on compensatory damages in personal injury cases, allowing full recovery of economic damages including medical expenses, lost wages, and loss of earning capacity, as well as non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages in Connecticut are limited to litigation costs and attorney fees in common law negligence cases, rather than a separate punitive award. However, statutory causes of action such as CUTPA (Connecticut Unfair Trade Practices Act) may allow for punitive damages. Pre-judgment interest is available at 10% per annum from the date of the complaint. Connecticut follows the collateral source rule, preventing reduction of damages for insurance payments received.

Recent Legislative Changes

Connecticut has seen legislative activity around distracted driving penalties and updates to insurance requirements. The state Supreme Court has issued decisions clarifying the scope of the Product Liability Act and the application of comparative negligence in premises liability cases. Recent reforms also addressed the admissibility of medical billing evidence.

Frequently Asked Questions