In any action to recover damages for negligently causing the death of a person, or for negligently causing personal injury or property damage, it shall be presumed that such person whose death was caused or who was injured or who suffered property damage was, at the time of the commission of the alleged negligent act or acts, in the exercise of reasonable care. If contributory negligence is relied upon as a defense, it shall be affirmatively pleaded by the defendant or defendants, and the burden of proving such contributory negligence shall rest upon the defendant or defendants.
Conn. Gen. Stat. § 52-114
Pleading of contributory negligence
Applied in 6 court decisions — leading case 86 Conn. App. 310 - Juchniewicz v. Bridgeport Hospital (2004)
Most recently applied in 24 F. Supp. 3d 155 - Munn v. Hotchkiss School (June 2014)
(1949 Rev., S. 7836.)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Connecticut General Assembly. Reproduced from public-domain Connecticut statutes; confirm against the official source for the current text. Not legal advice.