Connecticut Tort Laws

Connecticut, which houses the American Museum of Tort Law, has seen its share of torts. The Constitution State logged 12,754 tort cases in 2022, the lowest number recorded in the past five years, as per the Court Statistics Project. 

Even so, this figure is not insignificant. In fact, Connecticut ranks 10th among the states with the highest number of incoming cases in 2022, with the top two states being Texas and New York. Considering the nationwide median is a mere 5,457 cases, it is evident that Connecticut’s tort figures surpassed this median by such a high margin. 

One mass tort in Connecticut is the OxyContin opioid epidemic case. Stamford-based company Purdue Pharma started selling OxyContin in 1996, resulting in over half a million overdose deaths. The drug manufacturer is set to pay $6 billion toward the victims and addiction treatment efforts as of 2023. However, the deal includes exempting company owners from civil lawsuits. The case has since gone to the Supreme Court for further deliberation. 

People often mix up torts and personal injury cases, but torts cover a broader range of situations. Personal injury lawsuits are typically filed because of someone’s recklessness or negligence. Torts already encompass such cases since they constitute any action or omission that ends up harming other people. 

Because of its scope, a tort can affect many people's lives. This article details the kinds of torts and factors surrounding them, which can be helpful to affected people and their families. 

Basic Tort Categories in Connecticut

Negligent Torts

Negligent torts happen when someone fails to act carefully and, as a result, harms another person. To establish negligence, plaintiffs must prove four things: 

• That the defendant owes them a duty of care.

• That the defendant’s actions fell short of that duty.

• That the plaintiff’s injuries directly resulted from the defendant’s actions.

• That the plaintiff suffered harm, whether in the form of physical injuries, emotional damage, or financial loss.

Negligence cases arise from vastly different situations. You can file a claim if you are injured in a road accident or slip and fall on someone else’s property. You can also sue medical and legal professionals who have caused injury to you or your family, provided you have ample evidence of the four elements mentioned.

Intentional Torts

Intentional torts involve someone harming another person on purpose. Examples include assault, battery, property damage, and homicide. Some of these overlap with criminal charges. Trespassing on someone else’s property and invading their privacy also counts as intentional harm.  

As with negligence-based claims, the harm caused by intentional torts need not be physical. You can sue someone for threatening to assault you, even if they did not carry out the threat and you did not sustain bodily injuries. 

In practice, case outcomes may vary depending on whether intent to harm or mere negligence was established. Let’s say a driver leaves the key in the ignition of their car, and then a thief accidentally injures another person while driving the stolen vehicle. In this case, classifying the claim as intentional or negligent can be complicated. 

Strict Liability Torts

In strict liability torts, people are responsible for dangerous actions, even if they didn't intend to cause harm or act carelessly. For instance, Connecticut law imposes strict liability on manufacturers and sellers of defective products. The state also has statutes in place for:

• Illegally transferring firearms.

• Failing to store firearms safely.

• Guardians of minor children who damage someone else’s property or motor vehicle.

• Owners and keepers of domestic animals that trespass on and damage another property.

Moreover, previous cases have established strict liability for “ultrahazardous” activities since they can be harmful. Blasting rocks, using explosives, or conducting experiments with highly volatile substances are considered exceptionally dangerous activities. 

However, court decisions are split about handling hazardous waste. Since it is necessary for daily life, storing gasoline in underground tanks is not deemed harmful in and of itself unless it is improperly disposed of and causes contamination.

Other Tort Categories in Connecticut

Torts in Connecticut are not limited to those that affect individual citizens. They also include economic torts arising from business disputes. Companies can sue former employees for leaking confidential information to their new employer or using their access to records to commit financial fraud. Business partners can hold each other liable for violating fiduciary duty, as can business competitors for wrongful practices or using trademarks without permission. 

The state also enforces laws against public nuisance. This refers to objects or conditions on someone’s property that encroach on another person’s health, well-being, or rights. The following are some examples of nuisances and their corresponding penalties: 

Note that the above situations differ from private nuisances or acts that prevent someone else from effectively using or enjoying their properties. Under the law, tenants in Connecticut are expected to keep party noises at a reasonable level. Farming operations must also control the noises and odors they produce so as not to disturb people in surrounding areas. 

Torts vs. Crimes in Connecticut

Torts and crimes have different causes. Torts usually result from carelessness, while crimes are done on purpose. As mentioned earlier, intentional torts often overlap with crimes.

As such, tort and criminal laws differ in their objectives. Tort claims, usually filed by victims under Connecticut’s Civil Actions Code, aim to provide monetary compensation for the injury or damage they suffered. Criminal charges, which are brought by the government following the Penal Code, intend to punish offenders. Criminal law serves justice; it does not compensate victims. 

Since a tort is a civil case, its burden of proof requirement is lower than that of a criminal case. A car accident claim, for example, only has to satisfy the “preponderance of the evidence” standard. Basically, the plaintiff needs to prove that their allegation is more likely to be true than false. In comparison, the burden of proof in a criminal case, which rests on the prosecution, is much heavier. The defendant must be proven guilty “beyond a reasonable doubt.” 

Mass Torts in Connecticut

Torts usually involve an injured individual (the plaintiff) who files a claim to demand compensation from the defendant (the party who caused the injury). When many people have similar injuries caused by a single party’s negligent or wrongful actions, they can consolidate their claims against the defendant. This type of legal action is called a mass tort. 

Mass torts span various cases. Common categories include:

• Disasters: Survivors of airplane crashes and their families can file claims against airline companies. Other examples include train wrecks and fires. 

• Toxic exposure: Asbestos and lead in certain automotive parts, paint, and industrial materials can cause serious health conditions, like mesothelioma and lung cancer. 

• Defective drugs and medical devices: Patients buy these products only to find out their bodies are harmed by the said products in the long run. Companies may be liable for design, manufacturing, or labeling defects. 

Mass torts have their advantages. Lawyers can band together against large corporations while personally attending to the needs of each plaintiff. It allows for efficiency not only in terms of costs but also time.

Mass Torts vs. Class Actions

Mass torts are similar to class actions in that they involve multiple people similarly harmed by an act of negligence. However, they are not synonymous. Here are some differences between the two:

Additionally, affected people who qualify as members of a “class” must be notified that a lawsuit is being filed. They have the option to either join the class action or file their own claim. 

The Mass Tort Process

To get a mass tort rolling, attorneys help plaintiffs prepare the required documents and file a lawsuit, which is then combined with similar cases in Connecticut and other states. This results in multi-district litigation handled by one federal court under one judge. The judge supervises pretrial and discovery proceedings. 

Note that multi-district litigation does not affect the plaintiffs’ level of control over their claims. Each case is still separate from others and not treated as one entity, like in a class action.

In the discovery phase, plaintiffs and defendants collect and exchange evidence to build their case. As early as pretrial, defendants have the opportunity to offer settlement agreements. Plaintiffs can choose to accept a settlement offer or proceed to trial.

In some mass torts, a few cases may go to trial first to help predict how the other cases will turn out. These are known as bellwether trials. Cases selected to undergo these trials generally represent other claims. 

But even with bellwether trials, predicting when a mass tort will be resolved is difficult. The duration usually depends on the complexity of the case. It is also not impossible for a mass tort to be dismissed — over time, new evidence or scientific breakthroughs emerge that can disprove a claim. Some mass torts may drag on as more people are affected. Asbestos litigation, for example, has been ongoing since the 1970s. 

If you have been injured because of a product or an event that could have harmed other people as well, consider hiring a lawyer with experience in mass torts. 

Connecticut Tort Liability Insurance Requirements

Connecticut laws only require specific professionals to carry liability insurance. Medical practitioners offering direct patient care services, including those listed below, are required to carry malpractice insurance to protect against potential claims::

• Physicians and surgeons.

• Advanced practice registered nurses.

• Chiropractors.

• Naturopaths. 

• Podiatrists.

• Dentists.

• Physical therapists.

They must carry at least $500,000 in insurance per person per occurrence and an aggregate amount of at least $1.5 million. Their policy should help pay for damages in case a patient files a lawsuit against them for an act of negligence. Liability insurance can also cover legal fees. 

Statutes of Limitations for Tort Cases in Connecticut

If you are considering filing a tort lawsuit in Connecticut, you may only have three years to do so. The statute of limitations will vary depending on the reason for your claim.

Personal injury and professional malpractice lawsuits must be filed within two years of the injury’s discovery or not more than three years after the act of negligence. If the act results in wrongful death, the two-year limit starts on the date of the injured person’s death. The statute of limitations for toxic exposure cases is also two years. 

In addition to a three-year limit on filing defective product lawsuits, a 10-year statute of repose applies. Manufacturers cannot be sued for a product they stopped selling more than 10 years ago, except in certain cases. Plaintiffs in asbestos exposure mass torts, whose injuries may not progress right away, can still file claims up to 30 years from the time of exposure.

How Much Can Someone Sue in a Tort Case in Connecticut?

In Connecticut, there are no limits set on the amount of economic or non-economic damages, including past and future medical expenses, lost wages, and pain and suffering. 

Punitive damages, however, have caps. These are a type of compensation granted in specific cases to penalize the offender and deter future criminal acts. Punitive damages are usually reserved for acts of gross negligence:

The impact of Connecticut’s strict punitive damage laws was highly anticipated in the Sandy Hook defamation lawsuit in 2022. Existing statutes limit punitive damages to litigation fees. But in the end, the court ordered the defendants to pay $473 million in punitive damages, an amount expanded under the Unfair Trade Practices Act. The latter does not place any cap on punitive damages, hence the huge payout. 

Other factors may affect the amount of compensation received by injured parties in a tort case. 

For one, Connecticut observes comparative negligence laws, in which recovered damages in negligent torts like auto accident cases are reduced by the plaintiff’s percentage of fault. Lawyers’ contingency fees may also be deducted from damage awards or settlements but with specific limitations under the law. 

Other Legal Remedies in Tort Cases in Connecticut

Victims of intentional torts can pursue restitution or additional compensation under the law. Seeking restitution is useful when another person is injured or property is damaged because of the crime. Connecticut’s Office of the Victim Advocate provides more information to the public about obtaining restitution.

An injunction is another legal remedy available to plaintiffs in Connecticut. The types of injunctions include:

• Restraining order: Restricts the defendant’s actions, usually to protect certain parties in domestic rights or abuse cases, until such time that the court hears an application for temporary injunction.

• Temporary injunction: An initial order restricting the defendant’s actions until such time that the court determines the merits of a case or issues another order.

• Permanent injunction: Issued by a court once the merits of the case are evaluated.

The State of Connecticut Judicial Branch processes restraining order applications. 

Resources for Tort Victims in Connecticut

Connecticut Legal Services

Connecticut Legal Services is a non-profit law firm operating from seven locations. It conducts a wide range of activities, from representing and counseling clients in civil cases to engaging in impact litigation. CLS holds more than 200 educational and outreach events annually for indigent communities and their service providers.

Low-income individuals who need free legal assistance can call 1-800-453-3320 or text “APPLY” to 860-300-3845. If you are over 60 years of age or an undocumented immigrant, CLS recommends directly contacting one of its offices.

Connecticut Bar Association

The Connecticut Bar Association is the primary member organization for legal professionals throughout the state. Together with the American Bar Association, it hosts the virtual clinic Connecticut Free Legal Answers, where low-income individuals can confidentially ask questions from pro bono attorneys. 

CBA also conducts the Lawyers in Libraries program, which allows Connecticut residents to consult a lawyer in person at their community libraries. Upcoming schedules for the program are listed on the website.

Connecticut State Department of Consumer Protection

The DCP upholds health and safety standards for the welfare of Connecticut consumers. Residents can file a complaint on its website against a business’ unethical practices. 

While it does not offer legal representation, the agency mediates between parties in an effort to resolve disputes before filing a legal claim. It also provides information that enables consumers to protect themselves from identity theft, scams, and prescription errors.

The Department of Consumer Protection can be reached at 860-713-6100. For information about filing complaints, please call the toll-free line, 800-842-2649, or e-mail dcp.complaints@ct.gov. Live chat is also available during business hours.