OLR Bill Analysis

SB 1028

AN ACT CONCERNING THE TOLLING OF THE STATUTE OF LIMITATIONS FOR A NEGLIGENCE ACTION BROUGHT BY A MINOR.

SUMMARY:

This bill allows people who turn 18 to sue for negligence for personal injuries they suffered when they were minors and unable to sue in their own name. It allows these individuals to bring such actions in the one year between the time they turn 18 and when they turn 19 but no more than eight years from the date of the act or omission that they complained of. (This would apparently allow a person, between the ages of 18 and 19, to bring an action for an act or omission that occurred when he or she was as young as age 11.)

The bill applies to lawsuits to recover damages caused by (1) negligence, (2) reckless or wanton misconduct, or (3) malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, hospital, or sanatorium. It does not apply to actions for the recovery of real property or a penalty or forfeiture.

Under current law, individuals may generally sue for damages for injury to the person or to real or personal property within (1) two years from the date the injury is first sustained or discovered, or in the exercise of reasonable care, should have been discovered or (2) three years from the date of the act or omission complained of. There are longer timeframes for certain types of injury.

EFFECTIVE DATE: October 1, 2015 and applicable to all cases pending on or filed on or after that date.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable