Connecticut House Bill HB06327

Connecticut 2019 Regular Session

• Introduced: 1/25/19
• Refer: 1/25/19

Caption

An Act Concerning Municipal Liability For Damages To Person Or Property.

Impact

The proposed changes to section 52-557n of the general statutes would create a more defined threshold for establishing municipal liability. By delineating what constitutes reckless disregard, the bill seeks to protect municipal officials from liability in cases where their actions do not meet this heightened standard. This could potentially influence the number of claims filed against municipalities and their officials, encouraging officials to take reasonable actions without the fear of litigation for negligence in ambiguous situations.

Summary

House Bill 06327 aims to amend the legal framework regarding municipal liability for damages to persons or property. The primary focus of the bill is to clarify the definition of 'reckless disregard' as it pertains to actions taken by municipal officials. Specifically, the bill emphasizes that an official acts with reckless disregard when they are aware of and consciously ignore a substantial and unjustifiable risk that their actions or inactions could harm an identifiable individual. This measure is intended to refine existing laws to provide more explicit criteria for liability determinations.

Contention

While proponents argue that the bill is necessary to protect public officials and streamline municipal liability, there may be concerns regarding its broader implications on accountability. Critics might argue that the amended definition of reckless disregard could lead to a decrease in accountability for municipal actions, especially in instances where negligence could lead to serious harm. This balance of safeguarding officials while also ensuring accountability presents a point of contention that may be debated as the bill moves through the legislative process.