Connecticut Senate Bill SB01232

Connecticut 2011 Regular Session

• Introduced: 3/30/11
• Refer: 3/30/11

Caption

An Act Concerning Municipal Immunity For The Negligent Acts Or Omissions Of Employees, Officers And Agents.

Impact

If enacted, SB01232 would significantly change the legal landscape regarding how municipalities are liable for damages resulting from negligence. By delineating between planning and operational levels, it may lead to increased liability for municipalities, particularly for actions taken on the operational level. This could result in more lawsuits against municipalities, affecting their financial stability and potentially leading to increased insurance costs. Additionally, it may encourage municipalities to improve their operational practices to avoid negligence claims.

Summary

SB01232 addresses municipal immunity by amending the existing statute, specifically targeting the negligent acts or omissions by municipal employees, officers, and agents. The bill proposes that municipal immunity for such negligent acts will apply particularly when these actions require the exercise of judgment or discretion. However, it clarifies that this immunity will not apply to operational-level actions. This distinction aims to hold municipalities accountable in cases of negligence that occur in day-to-day operational tasks rather than just during planning or decision-making processes.

Contention

The introduction of SB01232 could be contentious among various stakeholders. Supporters of the bill argue that it is necessary to hold municipalities accountable for negligent actions that affect residents. They believe that the current immunity provisions are too broad and can lead to a lack of accountability. In contrast, opponents may raise concerns that over-exposing municipalities to liability risks could hinder local governments’ ability to function effectively. They may argue that such changes could create a chilling effect on decision-making among municipal employees, who might hesitate to make discretionary choices for fear of litigation.