Connecticut General Statutes
Chapter 238 - Highway Construction and Maintenance
Section 13a-152. - Damages for failure to maintain railing or fence.

Any person who suffers damage in his person or property by reason of the want of any railing or fence required by section 13a-111 may recover damages from the party required to erect and maintain the same, but no action for damages for any such injury shall be maintained against any such party unless written notice of such injury and a general description of the same, and of the cause thereof and of the time and place of its occurrence, shall, within ninety days thereafter, be given to such party. No notice given under the provisions of this section shall be held invalid or insufficient by reason of an inaccuracy in describing the injury or in stating the time, place or cause of its occurrence if it appears that there was no intention to mislead or that such party was not misled thereby.

(1949 Rev., S. 2125; 1958 Rev., S. 13-10; 1963, P.A. 226, S. 152; P.A. 76-222, S. 3.)
History: 1963 act replaced previous provisions: See title history; P.A. 76-222 required that notice be given within 90, rather than 60, days after injury.
No liability for consequential damage. 17 C. 480. Railroad company authorized to alter highway liable to town for damages incurred by omission to erect railings. 27 C. 158. Contributory negligence. 29 C. 204. Liability for hole some distance from road. 30 C. 543. Town liable for injury from want of railing. 36 C. 324; 37 C. 199. Testimony that no previous accident resulted from use of bridge without railing inadmissible, unless previous use like plaintiff's. 43 C. 41; 62 C. 8. Expert testimony admissible as to necessity of railing. 43 C. 41. Omission to allege raising of highway above adjoining ground cured by verdict. 46 C. 263. Section does not apply to open basement descents on city streets. 50 C. 538. Whether row of trees is a sufficient fence is a question for the jury. 62 C. 13. Degree of protection required. 75 C. 290; 81 C. 65; 89 C. 31; 105 C. 360. Highway commissioner liable in case of trunk line or state aid highways. 94 C. 542; Id., 596; 105 C. 360. Railing or fence should make road reasonably safe for reasonable use of traveling public. 110 C. 68. Liability is not based on negligence but on breach of statutory duty; Sec. 52-114 does not apply. 119 C. 479; 133 C. 246. Highway commissioner's duty to erect fence at raised points to be guided by standard of reasonable safety under the circumstances. 121 C. 88, 94. Cited. Id., 383; Id., 616. Action for death due to highway defect survives; not a penal statute within meaning of Sec. 52-599. 122 C. 80, 95, 96. Imposes a duty which may involve the manner of construction of fence or railing. Id., 98. Cited. 123 C. 449. Jury to say if municipality should make fence sufficient to guard against skidding. 129 C. 699. Cited. 134 C. 220; 137 C. 288; 153 C. 439; 235 C. 408.
Cited. 1 CS 136; 3 CS 12; 4 CS 481; 5 CS 374. Right to sue political subdivision of the state may be revoked. 6 CS 491. Concerned only with duty imposed in Sec. 13a-99; applicable to New Haven. 8 CS 204. Cited. 18 CS 501. Facts necessary to support an allegation. 19 CS 101.

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