Important Developments in Municipal Liability Law
June 30, 2011
Two recent decisions from the Connecticut Supreme Court and Appellate Court have upheld judgments in favor of municipalities and local school boards based on the doctrine of governmental immunity. These cases discuss the doctrine of governmental immunity, codified in General Statutes §52-557n, and the application of the identifiable victim/imminent harm exception to that immunity in the context of school settings.
Also, in the last legislative session, both the house and senate passed an amendment to the “Recreational Land Use Act” that will extend immunity to municipalities for injuries that occur on land made available to the public for recreational purposes.
DEVELOPMENTS IN THE DOCTRINE OF GOVERNMENTAL IMMUNITY AND THE “IDENTIFIABLE PERSON/IMMINENT HARM” EXCEPTION
Generally, municipalities and their employees are immune from liability for negligence arising out of their discretionary acts. This immunity, first recognized at common law, was codified in General Statutes §52-557n and reflects a public policy value judgment that, despite injury to a member of the public, the broader interest in having governmental officers and employees free to exercise judgment and discretion in their official functions, without fear of second-guessing and retaliatory lawsuits, outweighs the benefits of imposing liability for that injury.
There are three recognized exceptions to the discretionary act immunity which represent...full text
