2005 Connecticut Code - Sec. 52-577a. Limitation of action based on product liability claim.

      Sec. 52-577a. Limitation of action based on product liability claim. (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 subsections (c), (d) and (e), no such action may be brought against any party nor may any party be impleaded pursuant to subsection (b) 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) shall not apply to any product liability claim brought by a claimant who is not entitled to compensation under chapter 568, provided the claimant 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) 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) 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 sixty 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.

      (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.)

      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 eight to ten 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 ten-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 ten-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 thirty to sixty 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 thirty 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.

      See chapter 400a (Sec. 20-435 et seq.) re definitions of asbestos, etc.

      When the wrong sued upon consists of a continuing course of conduct, the statute does not begin to run until that course of conduct is completed. 180 C. 230, 241, 242. Cited. 187 C. 363, 371. Cited. 191 C. 150, 161. Court held act to be constitutional; not in violation of equal protection or open access to courts. 200 C. 562, 565, 566, 570, 579, 583, 584, 586. Cited. 203 C. 156, 158. Cited. 205 C. 219, 241. Cited. 207 C. 496, 509, 514, 515. Cited. Id., 599, 610, 611. Cited. Id., 599, 610. Cited. 210 C. 189-191, 193. Product liability act cited. Id. Cited. 212 C. 462, 466, 467. Cited. Id., 509, 520, 523- 527. Cited. 213 C. 282, 287. Cited. 214 C. 464, 476. Cited. 230 C. 335, 339, 342, 346.

      P.A. 79-483 (products liability law) cited. 16 CA 558, 562. Cited. 31 CA 824, 831, 852, 853. Cited. 46 CA 699. Under this 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 735-738.

      Subsec. (a):

      Cited. 200 C. 562, 576. Cited. 203 C. 156, 157. Cited. 205 C. 219, 239. Section held constitutional. 207 C. 599-602, 604, 606, 608, 609, 611. Cited. 212 C. 462, 464. Cited. Id., 509, 527. Cited. 230 C. 335, 339.

      Cited. 31 CA 824, 831. Cited. 46 CA 699. Statute of limitations began to run when damage was first discovered. 48 CA 160.

      Subsec. (b):

      Cited. 210 C. 189, 194-196.

      Cited. 46 CA 18. Cited. Id., 699.

      Cited. 44 CS 510.

      Subsec. (c):

      Cited. 207 C. 599, 601. Cited. 230 C. 335, 339.

      Enumerated factors merely are guidelines to aid fact finder in determining whether a product is within its safe and useful life. 76 CA 137.

      Subsec. (e):

      Cited. 212 C. 509, 524.

      Subsec. (g):

      Cited. 212 C. 509, 526.