Editorial: Time to Get Rid of Sole Proximate Cause

The Connecticut Law Tribune


Under the state and municipal highway defect statutes, a person injured by a defective road or sidewalk in Connecticutmust prove that the defect was the "sole proximate cause" of the injury in order to recover against the state or municipality. The problem with the sole proximate cause standard is that is impossibly confusing for juries to apply and makes little sense from a jurisprudential perspective. It's time to replace sole proximate cause with a standard that both makes sense and achieves the policy goal of limiting the state's overall liability for highway maintenance.

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