Conn. Gen. Stat. § 52-572n

Current with legislation from the 2023 Regular and Special Sessions.

Section 52-572n - Product liability claims

(a) A product liability claim as provided in sections 52-240a, 52-240b, 52-572m to 52-572q, inclusive, and 52-577a may be asserted and shall be in lieu of all other claims against product sellers, including actions of negligence, strict liability and warranty, for harm caused by a product.

(b) A claim may be asserted successfully under said sections notwithstanding the claimant did not buy the product from or enter into any contractual relationship with the product seller.

(c) As between commercial parties, commercial loss caused by a product is not harm and may not be recovered by a commercial claimant in a product liability claim. An action for commercial loss caused by a product may be brought only under, and shall be governed by, title 42a, the Uniform Commercial Code.

Conn. Gen. Stat. § 52-572n

(P.A. 79-483, S. 2; P.A. 82-160, S. 243; P.A. 84-509, S. 2; 84-546, S. 121, 173.)

Cited. 187 Conn. 363; 192 Conn. 280; 203 Conn. 156; 204 Conn. 399. Sec. 52-572m et seq., product liability act, abrogated common law indemnification principles in this area. 205 Conn. 694. Cited. 207 Conn. 575; Id., 599; 210 Conn. 189; 212 Conn. 509; 213 Conn. 136; 216 Conn. 65; 226 Conn. 282; 229 Conn. 213; Id., 500; 233 Conn. 732; 236 Conn. 769. Product liability law discussed. 241 Conn. 199. Modified consumer expectation test, recognized in 241 Conn. 199, is the primary strict product liability test; ordinary consumer expectation test is reserved for those limited cases in which product fails to meet consumer's legitimate, commonly accepted minimum safety expectations. 321 Conn. 172. Cited. 1 CA 48; 2 Conn.App. 308. Party has option of pleading common law theories or pleading under statute. 3 Conn.App. 230. Cited. 8 Conn.App. 642; 16 Conn.App. 558; 30 Conn.App. 664; 31 Conn.App. 824; 36 Conn.App. 601; 39 Conn.App. 635; 41 Conn.App. 555; Id., 856; 46 CA 18; Id., 699. Cited. 40 CS 74; Id., 120; 41 Conn.Supp. 179; 42 Conn.Supp. 153; 44 Conn.Supp. 510. Subsec. (a): Provides an exclusive remedy; common law cause of action for claim within the scope of statute is barred. 200 Conn. 562. Product liability act provides exclusive remedy for such claims. 212 Conn. 462. Does not prevent plaintiff who seeks damages under product liability act for injuries caused by allegedly defective product from also asserting a claim under Connecticut Unfair Trade Practices Act for damages alleged to have been caused by product seller's deceptive scheme to misrepresent and conceal the product defect. 263 Conn. 120. Claim that defendant breached duty to warn of dangerous and hazardous condition of rented scaffolding is barred by exclusivity provision of Subsec. 284 C. 16. Product liability claim replaces negligence and warranty actions against product sellers only. 36 Conn.Supp. 137. Subsec. (c): "Commercial loss" does not encompass costs incurred by a commercial party in repairing or replacing a defective product or in repairing property damage caused by a defective product. 291 Conn. 224.