2005 Connecticut Code - Sec. 52-577. Action founded upon a tort.

      Sec. 52-577. Action founded upon a tort. No action founded upon a tort shall be brought but within three years from the date of the act or omission complained of.

      (1949 Rev., S. 8316.)

      See Sec. 52-555 re actions for injuries resulting in death.

      See Sec. 52-584 re limitation of action for injury to person or property caused by negligence, misconduct or malpractice.

      Right of action accrues, when. 26 C. 334. Applies to action for a fire communicated by a locomotive engine. 56 C. 24. Statute runs in favor of bank directors who have been negligent in control of bank. 89 C. 475. Action by lower riparian proprietor for pollution of stream is within this section. 80 C. 185. History of this section. 82 C. 580. When statute begins to run in favor of an administrator. 90 C. 569. Relation of this section to section 52-584. 91 C. 36. Prior to barring of alienation of affections action recovery could be had for loss of consortium occurring within the statutory period. 117 C. 213; 133 C. 662, 663. Applied to action for fraudulent confinement. 123 C. 651. Under section 52-590 limitation begins to run when defendant moves into state. 131 C. 675. Action against officer and director of corporation for breach of duty to corporation and stockholders is within statute. 129 C. 674. Cited. 149 C. 326. Limitation applicable to all actions founded upon a tort which do not fall within those causes of action enumerated in section 52-584 or another section. Tort of invasion of plaintiffs' usufructuary and property rights in diversion of waters of stream is within limitation. 155 C. 477. Cited. 159 C. 502. Cited. 162 C. 247. Cited. 168 C. 329. Action based on strict liability must, by this section, be brought within three years of date of sale of product claim to be defective, and an allegation of continuing failure to warn of product's claimed danger does not alter that requirement. 170 C. 289, 294, 297-299, 301, 302. Cited. 178 C. 258, 261; 180 C. 230, 242. Cited. 183 C. 504-507. Cited. 189 C. 162, 182. Cited. 190 C. 8-10, 12. Cited. 191 C. 150, 164. Cited. 192 C. 327, 330, 332. Must be pleaded as a special defense. 197 C. 9-11, 14-16. Cited. 198 C. 660, 665. Cited. 202 C. 57, 66. Cited. Id., 234, 244. Cited. 204 C. 303, 326. Cited. 205 C. 1, 3-5. Cited. Id., 93, 98. Cited. 207 C. 204, 209, 212, 213. Cited. 209 C. 437, 440, 441, 446. Cited. 212 C. 509, 525. Cited. 214 C. 464, 476. Cited. 218 C. 512, 527. Cited. 219 C. 363, 368. Cited. 221 C. 384, 387. Cited. 223 C. 436, 443, 444. Cited. 224 C. 483, 487. Cited. 226 C. 652, 661. Cited. 229 C. 256, 265. Cited. 232 C. 527, 531, 535. Cited. 235 C. 559, 561, 566. Cited. 238 C. 800. Statute of limitations applicable to legal malpractice case was tolled under the newly adopted continuous representation doctrine. 263 C. 588.

      Annotations to former statute limiting action for trespass or slander: In trespass for mesne profits, they will not be awarded for over three years. 2 R. 440. Action of trespass is not the appropriate one to recover for a fire communicated by a railway locomotive. 56 C. 24. In case of continuing trespass, recovery may be had for damages accruing for three years next preceding the action. 76 C. 316. History of section. 82 C. 581. See note to section 52-584. This section applies where cause of action is founded on absolute liability from ultrahazardous activity of blasting. 137 C. 577. Cited. 139 C. 222; 142 C. 452. Such defense must be pleaded. 143 C. 31. The date of the act or omission complained of is the date when the negligent conduct of the defendant occurs and is not the date when the plaintiff first sustains damages. 144 C. 170.

      Cited. 1 CA 123, 136; Id., 550, 552, 554. Cited. Id., 652, 653. Cited. 2 CA 322, 323, 327. Cited. 5 CA 473-476. "The nature of the right sued upon and not the form of action nor the relief demanded determines the applicability of the statute of limitations." 6 CA 187, 188. Cited. 15 CA 458, 459, 468. Cited. Id., 677, 678, 683. Cited. 18 CA 525, 526, 528, 529. Cited. 25 CA 360-365. Cited. 31 CA 235, 236, 238. Cited. Id., 750, 751. Cited. 32 CA 384, 388. Cited. Id., 786, 789-791. Cited. 33 CA 422, 423, 429. Cited. Id., 842, 845. Cited. Id., 702, 713. Cited. 35 CA 31, 37. Cited. 39 CA 183, 191. Statute as applied to plaintiff not unconstitutional. Id., 289, 290, 292, 293, 298, 301, 302-305. Cited. 40 CA 449-552. Cited. 42 CA 712. Cited. 45 CA 554. Cited. 46 CA 199. In the case of special relation between attorney and client who were family, malpractice in deeds and escrow acts not barred by three-year limitation since continuing course of conduct and special relationship. 65 CA 813. Court properly concluded that tolling claim was not barred by the collateral estoppel doctrine where defendant was neither a party nor in privity with a party to the earlier cause of action. 69 CA 151. Continuing course of conduct and continuous representation doctrines may apply in a legal malpractice action to toll the statute of limitations. Id. Applicable to claims for intentional infliction of emotional distress. 78 CA 865. Does not apply to case where defendant negligently misidentified plaintiff's property as belonging to another, but rather such case concerns negligent injury to property and therefore statute of limitations in Sec. 52-584 applies. 79 CA 290. Pendency of a first action did not toll statute of limitations for a second action arising from the same wrong. 83 CA 442.

      Cited. 4 CS 222; id., 293; 8 CS 302; 17 CS 114; id., 407; 18 CS 225; id., 310; 22 CS 300. Application of statute of limitations is that of the forum and not where the cause of action arose. 12 CS 477. Section 22-357, making the owner or keeper of a dog liable for any damage to person or property done by the dog, is controlled by a three-year statute of limitations for an action founded upon a tort. 14 CS 428; 26 CS 294, 296. Action for inducing entry into a mental institution by fraud falls within three-year statute of limitations. 15 CS 434. Where action charges breach of contract for failure to procure insurance coverage against damage to plaintiff's property, cause of action is in tort but is not one for injury to property under section 52-584. 17 CS 62. Cause of action based on nuisance when not arising from negligence based on three-year statute of limitations. 20 CS 35. Controlling statute of limitations for parents sued under section 52-572. 24 CS 320. Impleading under section 52-102a barred by statute of limitations. 27 CS 46. Claim against manufacturer for injuries caused by defective skates held tort liability, not breach of implied warranty under section 42a-2-725 of Uniform Commercial Code, and therefore barred by statute of limitations. Id. Statute of limitations for tort actions applies to personal injury action based on breach of warranty. 28 CS 160. Action for tort limited to three year statute of limitations. 29 CS 71. Cited. 29 CS 72. Mental incompetence does not toll the time limitation, but imprisonment may. 31 CS 46. Cited. 34 CS 22, 25, 26, 30. Cited. Id., 643, 646. Three-year statute of limitations for tort actions applies to fraud or deception action. 36 CS 277, 279, 280. Cited. Id., 357, 364. Cited. 39 CS 458, 461. Cited. 44 CS 207, 212. Cited. Id., 477. Cited. Id., 527. Plaintiff failed to sufficiently allege fraudulent concealment to toll the statute; defendant's assertion of statute of limitations in motion to strike rather than as a special defense was acceptable in this case. 46 CS 386. Plaintiff failed to allege intent to conceal as is required to toll the statute. Id.

      Cause of action brought under section 52-572 is governed by three-year limitation imposed by this section. 3 Conn. Cir. Ct. 379.