Fracture settlements
in Connecticut.
Most Connecticut fracture claims start with a fall or a crash, and falls on someone else’s property turn on one question: did the owner know, or should it have known, about the hazard? Connecticut keeps only a narrow exception to that rule.
Facts that decide a fracture claim in Connecticut
| Proving the owner knew | In a premises case you must prove the owner had actual or constructive notice of the specific hazard.Baptiste v. Better Val-U Supermarket (Conn. 2002), as applied in Porto v. Petco (Conn. App. 2016) |
|---|---|
| Mode of operation exception | A self-service business can be liable without notice when its way of operating creates a foreseeable hazard, as with a supermarket salad bar. Courts have refused to stretch it, including to pet stores and to boxes stacked on shelves.Kelly v. Stop & Shop (Conn. 2007); Porto (2016); Hill v. OSJ of Bloomfield (Conn. App. 2020) |
| Falls on town property | Written notice of intent to a town within 6 months, and within 90 days for a defective road or sidewalk.MyClaimWorth notice of claim chart, from Connecticut statutes |
| Fault rule | Your award is reduced by your share of fault, and barred only if your fault is greater than the defendants’ combined.Conn. Gen. Stat. § 52-572h(b) |
| Deadline to sue | Two years from the injury, three years at most from the fall or crash.Conn. Gen. Stat. § 52-584 |
| Collateral source deduction | Payments by a health plan without a repayment right are subtracted from the economic damages after the verdict.Conn. Gen. Stat. § 52-225a |