LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07185-R01-
HB.docx
1 of 3
General Assembly Substitute Bill No. 7185
January Session, 2019
AN ACT CONCERNING LI ABILITY OF A POLITICAL SUBDIVISION
AND ITS EMPLOYEES, OFFICERS AND AGENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 52-557n of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) (1) Except as otherwise provided by law, a political subdivision 3
of the state shall be liable for damages to person or property caused by: 4
(A) The negligent acts or omissions of such political subdivision or any 5
employee, officer or agent thereof acting within the scope of his or her 6
employment or official duties; (B) negligence in the performance of 7
functions from which the political subdivision derives a special 8
corporate profit or pecuniary benefit; and (C) acts of the political 9
subdivision which constitute the creation or participation in the 10
creation of a nuisance; provided, no cause of action shall be 11
maintained for damages resulting from injury to any person or 12
property by means of a defective road or bridge except pursuant to 13
section 13a-149. (2) Except as otherwise provided by law, a political 14
subdivision of the state shall not be liable for damages to person or 15
property caused by: (A) Acts or omissions of any employee, officer or 16
agent which constitute criminal conduct, fraud, actual malice or wilful 17
misconduct; or (B) negligent acts or omissions which require the 18
exercise of judgment or discretion as an official function of the 19
authority expressly or impliedly granted by law. 20 Substitute Bill No. 7185
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07185-
R01-HB.docx }
2 of 3
(b) Notwithstanding the provisions of subsection (a) of this section, 21
a political subdivision of the state or any employee, officer or agent 22
acting within the scope of his or her employment or official duties shall 23
not be liable for damages to person or property resulting from: (1) The 24
condition of natural land or unimproved property; (2) the condition of 25
a reservoir, dam, canal, conduit, drain or similar structure when used 26
by a person in a manner which is not reasonably foreseeable; (3) the 27
temporary condition of a road or bridge which results from weather, if 28
the political subdivision has not received notice and has not had a 29
reasonable opportunity to make the condition safe; (4) the condition of 30
an unpaved road, trail or footpath, the purpose of which is to provide 31
access to a recreational or scenic area, if the political subdivision has 32
not received notice and has not had a reasonable opportunity to make 33
the condition safe; (5) the initiation of a judicial or administrative 34
proceeding, provided that such action is not determined to have been 35
commenced or prosecuted without probable cause or with a malicious 36
intent to vex or trouble, as provided in section 52-568; (6) the act or 37
omission of someone other than an employee, officer or agent of the 38
political subdivision; (7) the issuance, denial, suspension or revocation 39
of, or failure or refusal to issue, deny, suspend or revoke any permit, 40
license, certificate, approval, order or similar authorization, when such 41
authority is a discretionary function by law, unless such issuance, 42
denial, suspension or revocation or such failure or refusal constitutes a 43
reckless disregard for health or safety; (8) failure to make an inspection 44
or making an inadequate or negligent inspection of any property, other 45
than property owned or leased by or leased to such political 46
subdivision, to determine whether the property complies with or 47
violates any law or contains a hazard to health or safety, unless the 48
political subdivision had notice of such a violation of law or such a 49
hazard or unless such failure to inspect or such inadequate or 50
negligent inspection constitutes a reckless disregard for health or 51
safety under all the relevant circumstances; (9) failure to detect or 52
prevent pollution of the environment, including groundwater, 53
watercourses and wells, by individuals or entities other than the 54
political subdivision; or (10) conditions on land sold or transferred to 55 Substitute Bill No. 7185
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07185-
R01-HB.docx }
3 of 3
the political subdivision by the state when such conditions existed at 56
the time the land was sold or transferred to the political subdivision. 57
For purposes of this subsection, "all the relevant circumstances" 58
includes a consideration of the balance between the magnitude of the 59
danger and the burden of performing an inspection. 60
(c) Any person who serves as a member of any board, commission, 61
committee or agency of a municipality and who is not compensated for 62
such membership on a salary or prorated equivalent basis, shall not be 63
personally liable for damage or injury occurring on or after October 1, 64
1992, resulting from any act, error or omission made in the exercise of 65
such person's policy or decision-making responsibilities on such board, 66
commission, committee or agency if such person was acting in good 67
faith, and within the scope of such person's official functions and 68
duties, and was not acting in violation of any state, municipal or 69
professional code of ethics regulating the conduct of such person, or in 70
violation of subsection (a) of section 9-369b or subsection (b) or (c) of 71
section 1-206. The provisions of this subsection shall not apply if such 72
damage or injury was caused by the reckless, wilful or wanton 73
misconduct of such person. 74
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 52-557n
JUD Joint Favorable Subst.