Conn. Gen. Stat. § 52-584
Property Damage
Damage caused to personal or real property.
Statute of Limitation in Connecticut
The statute of limitations for filing a claim for injury to a person or property caused by negligence, misconduct, or malpractice is typically two years from the date the injury is first sustained or discovered, and no more than three years from the date of the act or omission.
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Exceptions & Conditions
An exception occurs if the injured party is a minor or if the injury was caused by fraud or intentional misconduct; in such cases, the limitation period may be extended. Additionally, if the injury is not discovered due to negligence, the limitation may be tolled. Contact an attorney.
Example Scenario
If a person sustains an injury on April 1, 2023, they must file a claim by April 1, 2025, but no later than April 1, 2026.
Understanding Statutes of Limitations in Connecticut
The statute of limitations for property damage in Connecticut acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Connecticut state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for property damage after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In Connecticut, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Connecticut law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Connecticut serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in Connecticut Small Claims court?