Connecticut § 52-572n - Product liability claims.

§ 52-572n. Product liability claims.

Sec. 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.

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

History: P.A. 82-160 amended Subsec. (a) by deleting incorrect statutory references; P.A. 84-509 added Subsec. (c) re the recovery of commercial loss caused by a product; P.A. 84-546 deleted reference to Sec. 38-370o in Subsec. (a); (Revisor's note: The reference in Subsec. (a) to Secs. “52-572n to 52-572r” was changed editorially by the Revisors to Secs. “52-572n to 52-572q” to reflect the repeal of Sec. 52-572r by P.A. 93-228, S. 34, 35).

Cited. 187 C. 363; 192 C. 280; 203 C. 156; 204 C. 399. Sec. 52-572m et seq., product liability act, abrogated common law indemnification principles in this area. 205 C. 694. Cited. 207 C. 575; Id., 599; 210 C. 189; 212 C. 509; 213 C. 136; 216 C. 65; 226 C. 282; 229 C. 213; Id., 500; 233 C. 732; 236 C. 769. Product liability law discussed. 241 C. 199. Modified consumer expectation test, recognized in 241 C. 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 C. 172. Section's exclusivity provision bars a claim under the Connecticut Unfair Trade Practices Act based on allegations that medical device manufacturer deceptively and aggressively marketed and promoted product despite knowing it presented a substantial risk of injury. 343 C. 513.

Cited. 1 CA 48; 2 CA 308. Party has option of pleading common law theories or pleading under statute. 3 CA 230. Cited. 8 CA 642; 16 CA 558; 30 CA 664; 31 CA 824; 36 CA 601; 39 CA 635; 41 CA 555; Id., 856; 46 CA 18; Id., 699.

Cited. 40 CS 74; Id., 120; 41 CS 179; 42 CS 153; 44 CS 510.

Subsec. (a):

Provides an exclusive remedy; common law cause of action for claim within the scope of statute is barred. 200 C. 562. Product liability act provides exclusive remedy for such claims. 212 C. 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 C. 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. Wrongful marketing claim under CUTPA did not allege product defect and, therefore, is not precluded by exclusivity provision of Subsec. 331 C. 53.

Product liability claim replaces negligence and warranty actions against product sellers only. 36 CS 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 C. 224.