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★ Connecticut · fracture

Fracture settlements
in Connecticut.

By Reviewed by Abd Shanti, Founder9 min read

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 knewIn 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 exceptionA 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 propertyWritten 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 ruleYour 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 sueTwo years from the injury, three years at most from the fall or crash.Conn. Gen. Stat. § 52-584
Collateral source deductionPayments by a health plan without a repayment right are subtracted from the economic damages after the verdict.Conn. Gen. Stat. § 52-225a
★ CT · reported fracture outcomes

What Connecticut courts have awarded.

Real Connecticut decisions and verdicts, each linked to the court record or official report.

  • Connecticut Appellate Court · 2019
    $416,214 verdict, reduced 25% to about $312,160

    A motorcyclist was thrown from his bike when it was struck by an unmarked Hartford police car with no lights or siren. The jury found him 25% at fault and cut the award by that share. The Appellate Court also revived his recklessness claim, which the trial judge had dismissed.

  • Connecticut Appellate Court · 2016
    Judgment for the store, affirmed

    A nurse slipped in dog urine at a Hamden pet store and rolled her ankle trying to catch herself. She argued the store’s pet friendly policy made it liable without proof of notice. The court refused to extend the mode of operation rule, noting one or two animal messes a week and no earlier falls in six years.

★ CT · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Connecticut.

  1. 1

    Without proof of notice, a fall claim in Connecticut usually fails. Porto and Hill both ended in judgment for the business because the plaintiff could not show the owner knew about the hazard, and neither the mode of operation rule nor the affirmative act rule filled the gap. Photographs of the hazard, witness names, and any earlier complaints are what keep a fracture claim alive.

  2. 2

    Falls on town sidewalks and roads carry their own clock. Notice of intent must reach the town within 6 months, and for road and sidewalk defects within 90 days, long before the two year limit to sue. Missing that notice can end the claim however bad the fracture.

  3. 3

    Fault reduces fracture verdicts here as elsewhere. Daley’s jury valued a motorcycle crash at $416,214 and took 25% off for his own share of fault.

★ CT · statute of limitations
2 years from date of injury

Conn. Gen. Stat. § 52-584

★ CT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% or more claimant fault.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Connecticut's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Connecticut · you are hereModified comparative, 51% bar2 years from date of injury—
DelawareModified comparative, 51% bar2 years from date of injuryDE · fracture →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · fracture →
MarylandPure contributory negligence3 years from date of injuryMD · fracture →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · fracture →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · fracture →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
IndianaModified comparative, 51% bar2 years from date of injuryIN · fracture →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · fracture →
IdahoModified comparative, 50% bar2 years from date of injuryID · fracture →
★ CT · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Connecticut. See /methodology, /sources, and /disclaimer.