CHAPTER 9 - 9-2 CONTRIBUTORY AND/OR COMPARATIVE NEGLIGENCE
| Jurisdiction | United States |
9-2 Contributory and/or Comparative Negligence
Connecticut recognizes that in legal malpractice actions sounding in negligence, defendants can assert comparative negligence as a special defense, alleging that the plaintiff's damages were legally caused by the plaintiff's own negligence.2 The basis for asserting such a defense, however, is not clear. The Connecticut General Statutes3 provide that the special defense of comparative negligence is available in actions for damages "resulting from personal injury, wrongful death or damage to property."4 The vast majority of legal malpractice actions, however, do not involve damages "resulting from personal injury, wrongful death or damage to property." Rather, the damages in such cases are economic in nature.
In Williams Ford, Inc. v. Hartford Courant Co., the Supreme Court held that commercial losses resulting from negligence do not include "damages resulting from personal injury, wrongful...
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