§ 52-577a — Limitation of action based on product liability claim.

Connecticut § 52-577a

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 926: Statute of Limitations

Text

(a) No product liability claim, as defined in section 52-572m, shall be brought but within three years from the date when the injury, death or property damage is first sustained or discovered or in the exercise of reasonable care should have been discovered, except that, subject to the provisions of subsections (c), (d) and (e) of this section, no such action may be brought against any party nor may any party be impleaded pursuant to subsection (b) of this section later than ten years from the date that the party last parted with possession or control of the product. (b) In any such action, a product seller may implead any third party who is or may be liable for all or part of the claimant's claim, if such third party defendant is served with the third party complaint within one year from the date the cause of action brought under subsection (a) of this section is returned to court. (c) The ten-year limitation provided for in subsection (a) of this section shall not apply to any product liability claim brought by a claimant who can prove that the harm occurred during the useful safe life of the product. In determining whether a product's useful safe life has expired, the trier of fact may consider among other factors: (1) The effect on the product of wear and tear or deterioration from natural causes; (2) the effect of climatic and other local conditions in which the product was used; (3) the policy of the user and similar users as to repairs, renewals and replacements; (4) representations, instructions and warnings made by the product seller about the useful safe life of the product; and (5) any modification or alteration of the product by a user or third party. (d) The ten-year limitation provided for in subsection (a) of this section shall be extended pursuant to the terms of any express written warranty that the product can be used for a period longer than ten years, and shall not preclude any action against a product seller who intentionally misrepresents a product or fraudulently conceals information about it, provided the misrepresentation or fraudulent concealment was the proximate cause of harm of the claimant. (e) The ten-year limitation provided for in subsection (a) of this section shall not apply to any product liability claim, whenever brought, involving injury, death or property damage caused by contact with or exposure to asbestos, except that (1) no such action for personal injury or death may be brought by the claimant later than eighty years from the date that the claimant last had contact with or exposure to asbestos, and (2) no such action for damage to property may be brought by the claimant later than thirty years from the date of last contact with or exposure to asbestos. (f) The definitions contained in section 52-572m shall apply to this section. (g) The provisions of this section shall apply to all product liability claims brought on or after October 1, 1979.

Legislative History

(P.A. 76-293, S. 1, 2; P.A. 77-604, S. 36, 84; P.A. 79-483, S. 3; 79-631, S. 107, 111; P.A. 82-160, S. 247; P.A. 87-537, S. 12, 13; P.A. 90-191, S. 1; May Sp. Sess. P.A. 92-11, S. 40, 70; P.A. 05-288, S. 180; P.A. 11-200, S. 1; P.A. 17-97, S. 1.) History: P.A. 77-604 made slight change in wording of Subsec. (a); P.A. 79-483 restated existing provisions, changing deadline for bringing action from 8 to 10 years from date party against whom action is brought parted with possession or control of product and changing applicable date re pending claims or bringing of claims from June 4, 1976, to October 1, 1979, and inserted new provisions clarifying 10-year limitation designated as Subsecs. (c) and (d), relettering former Subsec. (c) as (e); P.A. 79-631 deleted reference to pending claims in Subsec. (e); P.A. 82-160 added a new Subsec. (e) concerning the applicability of definitions in Sec. 52-572m, redesignated the former Subsec. (e) as Subsec. (f) and made minor technical changes; P.A. 87-537 inserted new Subsec. (e) re exception to 10-year limitation on claims resulting from contact with or exposure to asbestos, relettering remaining Subsecs. accordingly and made technical changes; P.A. 90-191 amended Subsec. (e) to increase from 30 to 60 years the period of time after the claimant last had contact with or exposure to asbestos within which an action for personal injury or death may be brought, retaining a time limitation of 30 years for an action for damage to property; May Sp. Sess. P.A. 92-11 amended Subsec. (e) to reposition the words “for personal injury or death” from Subdiv. (2) to Subdiv. (1) to correct a typographical error; P.A. 05-288 made technical changes in Subsecs. (a) to (e), effective July 13, 2005; P.A. 11-200 amended Subsec. (e)(1) to substitute “eighty years” for “sixty years” re last contact or exposure to asbestos, effective July 13, 2011, and applicable to any cause of action arising from any contact with or exposure to asbestos occurring prior to, on or after that date; P.A. 17-97 amended Subsec. (c) by deleting reference to claimant who is not entitled to compensation under Ch. 568 and making a conforming change. When the wrong sued upon consists of a continuing course of conduct, statute does not begin to run until that course of conduct is completed. 180 C. 230. Cited. 187 C. 363; 191 C. 150. Court held act to be constitutional; not in violation of equal protection or open access to courts. 200 C. 562. Cited. 203 C. 156; 205 C. 219; 207 C. 496; Id., 599; 210 C. 189; 212 C. 462; Id., 509; 213 C. 282; 214 C. 464; 230 C. 335. Doctrine of nullum tempus occurrit regi, i.e. no time runs against the king, exempts state from operation of section. 307 C. 412. Cited. 16 CA 558; 31 CA 824; 46 CA 18; Id., 699. Under section, claimant is not time-barred until he knows, or should have known, the identity of the negligent person who caused his injury to occur. 75 CA 560. Cited. 37 CS 735; 44 CS 510. Statutes of repose allow defendants at some point to be free from liability, absent unclean or fraudulent conduct, and logical conclusion is that legislature intended state to abide by statutes of repose. 51 CS 265. Subsec. (a): Section held constitutional. 207 C. 599. Statute of limitations began to run when damage was first discovered. 48 CA 160. Subsec. (b): Requirement to serve third-party complaint within one year of case being returned to court is mandatory, not directory. 198 CA 24. Subsec. (c): Statute of repose in section is procedural in nature, thus amendment by P.A. 17-97 is to be applied retroactively absent express language to the contrary. 333 C. 283. Enumerated factors merely are guidelines to aid fact finder in determining whether a product is within its safe and useful life. 76 CA 137.