Sec. 52-557l. Immunity from liability of certain persons who donate food or distribute donated food.
Sec. 52-557l. Immunity from liability of certain persons who donate food or distribute donated food. (a) Notwithstanding any provision of the general statutes, any person, including, but not limited to, a seller, farmer, processor, distributor, wholesaler or retailer of food, who donates an item of food for use or distribution by a nonprofit organization, nonprofit corporation, political subdivision of the state or senior center, and any nonprofit organization or nonprofit corporation that collects donated food and distributes such food to other nonprofit organizations or nonprofit corporations or a political subdivision of the state or senior center free of charge or for a nominal fee, shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of the food, unless it is established that the donor, at the time of making the donation, or the nonprofit organization or nonprofit corporation, at the time of distributing the food, knew or had reasonable grounds to believe that the food was (1) adulterated, as described in section 21a-101, or (2) not fit for human consumption.
(b) Notwithstanding any provision of the general statutes, any food establishment classified as a class 3 or class 4 food establishment pursuant to regulations adopted under section 19a-36h, that donates perishable food for use or distribution by a temporary emergency shelter in accordance with the provisions set forth in section 38a-313b shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of the food, unless it is established that the donor, at the time of making the donation, knew or had reasonable grounds to believe that the food was (1) embargoed or ordered destroyed by the Department of Public Health or a local director of health, or an authorized agent thereof, (2) adulterated, as described in section 21a-101, or (3) not fit for human consumption.
(c) Notwithstanding any provision of the general statutes, any food relief organization or supermarket that donates any canned food or perishable food shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of such canned food or perishable food, unless it is established that such food relief organization or supermarket, at the time such food relief organization or supermarket donated such canned food or perishable food, knew or had reasonable grounds to believe that such canned food or perishable food was (1) embargoed or ordered destroyed by the Department of Public Health or a local director of health, or an authorized agent thereof, (2) adulterated, as described in section 21a-101, or (3) not fit for human consumption. For the purposes of this subsection, “canned food”, “food relief organization”, “perishable food” and “supermarket” have the same meanings as provided in section 38a-313c.
(P.A. 83-223, S. 1, 2; P.A. 94-17; P.A. 12-123, S. 2; P.A. 17-93, S. 15; P.A. 22-28, S. 2; P.A. 23-110, S. 4.)
History: P.A. 94-17 applied provisions to any nonprofit organization or nonprofit corporation that collects donated food and distributes such food to other nonprofit organizations or nonprofit corporations free of charge or for a nominal fee and deleted Subsec. (b) that had provided “Nothing in this section limits the liability of the donee organization or corporation accepting the food.”; P.A. 12-123 designated existing provisions as Subsec. (a) and made technical changes therein, and added Subsec. (b) re immunity from liability for food establishments donating perishable food; P.A. 17-93 amended Subsec. (a) by adding “political subdivision of the state or senior center”, amended Subsec. (b) by replacing “class III or class IV” with “class 3 or class 4 food establishment” and replacing “19a-36” with “19a-36h”, and made technical changes; P.A. 22-28 added Subsec. (c) re food relief organizations and supermarkets and made technical changes; P.A. 23-110 made technical changes is Subsec. (a).
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Sec. 52-557n. Liability of political subdivision and its employees, officers and agents. Liability of members of local boards and commissions. (a)(1) Except as otherwise provided by law, a political subdivision of the state shall be liable for damages to person or property caused by: (A) The negligent acts or omissions of such political subdivision or any employee, officer or agent thereof acting within the scope of his employment or official duties; (B) negligence in the performance of functions from which the political subdivision derives a special corporate profit or pecuniary benefit; and (C) acts of the political subdivision which constitute the creation or participation in the creation of a nuisance; provided, no cause of action shall be maintained for damages resulting from injury to any person or property by means of a defective road or bridge except pursuant to section 13a-149. (2) Except as otherwise provided by law, a political subdivision of the state shall not be liable for damages to person or property caused by: (A) Acts or omissions of any employee, officer or agent which constitute criminal conduct, fraud, actual malice or wilful misconduct; or (B) negligent acts or omissions which require the exercise of judgment or discretion as an official function of the authority expressly or impliedly granted by law. Notwithstanding the provisions of subparagraph (B) of this subdivision, governmental immunity shall not be a defense in a civil action for damages to person or property caused by the negligent operation of a motor vehicle owned by a political subdivision of the state. The elimination of the defense of governmental immunity as provided for in this subsection shall not be construed as limiting or expanding the rights, duties and exemptions granted to the operator of an emergency vehicle under section 14-283.
(b) Notwithstanding the provisions of subsection (a) of this section, a political subdivision of the state or any employee, officer or agent acting within the scope of his employment or official duties shall not be liable for damages to person or property resulting from: (1) The condition of natural land or unimproved property; (2) the condition of a reservoir, dam, canal, conduit, drain or similar structure when used by a person in a manner which is not reasonably foreseeable; (3) the temporary condition of a road or bridge which results from weather, if the political subdivision has not received notice and has not had a reasonable opportunity to make the condition safe; (4) the condition of an unpaved road, trail or footpath, the purpose of which is to provide access to a recreational or scenic area, if the political subdivision has not received notice and has not had a reasonable opportunity to make the condition safe; (5) the initiation of a judicial or administrative proceeding, provided that such action is not determined to have been commenced or prosecuted without probable cause or with a malicious intent to vex or trouble, as provided in section 52-568; (6) the act or omission of someone other than an employee, officer or agent of the political subdivision; (7) the issuance, denial, suspension or revocation of, or failure or refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or similar authorization, when such authority is a discretionary function by law, unless such issuance, denial, suspension or revocation or such failure or refusal constitutes a reckless disregard for health or safety; (8) failure to make an inspection or making an inadequate or negligent inspection of any property, other than property owned or leased by or leased to such political subdivision, to determine whether the property complies with or violates any law or contains a hazard to health or safety, unless the political subdivision had notice of such a violation of law or such a hazard or unless such failure to inspect or such inadequate or negligent inspection constitutes a reckless disregard for health or safety under all the relevant circumstances; (9) failure to detect or prevent pollution of the environment, including groundwater, watercourses and wells, by individuals or entities other than the political subdivision; or (10) conditions on land sold or transferred to the political subdivision by the state when such conditions existed at the time the land was sold or transferred to the political subdivision.
(c) Any person who serves as a member of any board, commission, committee or agency of a municipality and who is not compensated for such membership on a salary or prorated equivalent basis, shall not be personally liable for damage or injury occurring on or after October 1, 1992, resulting from any act, error or omission made in the exercise of such person's policy or decision-making responsibilities on such board, commission, committee or agency if such person was acting in good faith, and within the scope of such person's official functions and duties, and was not acting in violation of any state, municipal or professional code of ethics regulating the conduct of such person, or in violation of subsection (a) of section 9-369b or subsection (b) or (c) of section 1-206. The provisions of this subsection shall not apply if such damage or injury was caused by the reckless, wilful or wanton misconduct of such person.
(P.A. 86-338, S. 13; P.A. 92-198; P.A. 93-290; P.A. 23-83, S. 1.)
History: P.A. 92-198 added Subsec. (c) concerning immunity of members of local boards and commissions who are not compensated for their membership; P.A. 93-290 added Subsec. (b)(10) re preexisting conditions on land sold or transferred by the state; P.A. 23-83 amended Subsec. (a)(2) by adding provision re governmental immunity not being a defense in civil action for damage to person or property caused by negligent operation of a motor vehicle owned by political subdivision of the state, effective June 26, 2023.
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Sec. 52-571m. Action to recover damages for judgment entered against a person where liability is based on alleged provision, receipt or assistance in provision or receipt of reproductive health care services. Definitions. Exceptions. (a) As used in this section:
(1) “Reproductive health care services” includes all medical, surgical, counseling or referral services relating to the human reproductive system, including, but not limited to, services relating to pregnancy, contraception or the termination of a pregnancy and all medical care relating to treatment of gender dysphoria as set forth in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders” and gender incongruence, as defined in the most recent revision of the “International Statistical Classification of Diseases and Related Health Problems”; and
(2) “Person” includes an individual, a partnership, an association, a limited liability company or a corporation.
(b) When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several or conspiracy liability derived therefrom, for reproductive health care services that are permitted under the laws of this state, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment. Recoverable damages shall include: (1) Just damages created by the action that led to that judgment, including, but not limited to, money damages in the amount of the judgment in that other state and costs, expenses and reasonable attorney's fees spent in defending the action that resulted in the entry of a judgment in another state; and (2) costs, expenses and reasonable attorney's fees incurred in bringing an action under this section as may be allowed by the court.
(c) The provisions of this section shall not apply to a judgment entered in another state that is based on: (1) An action founded in tort, contract or statute, and for which a similar claim would exist under the laws of this state, brought by the patient who received the reproductive health care services upon which the original lawsuit was based or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; (2) an action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgment entered in another state; or (3) an action where no part of the acts that formed the basis for liability occurred in this state.
(P.A. 22-19, S. 1; 22-118, S. 195; P.A. 23-204, S. 306.)
History: P.A. 22-19 effective July 1 2022; P.A. 22-118 amended Subsec. (a)(1) to redefine “reproductive health care services”, effective July 1, 2022; P.A. 23-204 amended Subsec. (a)(1) by adding reference source for gender dysphoria and reference to gender incongruence and definition source, effective July 1, 2023.
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Sec. 52-571n. Action to recover damages for judgment entered against a person where liability is based on alleged provision, receipt or assistance in provision or receipt of gender-affirming health care services or reproductive health care services. Definitions. Exceptions. (a) As used in this section:
(1) “Gender-affirming health care services” means all medical care relating to the treatment of gender dysphoria as set forth in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders” and gender incongruence, as defined in the most recent revision of the “International Statistical Classification of Diseases and Related Health Problems”;
(2) “Reproductive health care services” includes all medical, surgical, counseling or referral services relating to the human reproductive system, including, but not limited to, services relating to pregnancy, contraception or the termination of a pregnancy; and
(3) “Person” includes an individual, a partnership, an association, a limited liability company or a corporation.
(b) When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several or conspiracy liability derived therefrom, for reproductive health care services and gender-affirming health care services that are permitted under the laws of this state, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment. Recoverable damages shall include: (1) Just damages created by the action that led to that judgment, including, but not limited to, money damages in the amount of the judgment in that other state and costs, expenses and reasonable attorney's fees spent in defending the action that resulted in the entry of a judgment in another state; and (2) costs, expenses and reasonable attorney's fees incurred in bringing an action under this section as may be allowed by the court.
(c) The provisions of this section shall not apply to a judgment entered in another state that is based on: (1) An action founded in tort, contract or statute, and for which a similar claim would exist under the laws of this state, brought by the patient who received the reproductive health care services or gender-affirming health care services upon which the original lawsuit was based or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; (2) an action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgment entered in another state; or (3) an action where no part of the acts that formed the basis for liability occurred in this state.
(P.A. 22-118, S. 484; P.A. 23-204, S. 307.)
History: P.A. 22-118 effective July 1, 2022; P.A. 23-204 amended Subsec. (a)(1) by adding reference source for gender dysphoria and reference to gender incongruence and definition source, effective July 1, 2023.
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