State Codes and Statutes

Statutes > Connecticut > Title13a > Chap238 > Sec13a-145

      Sec. 13a-145. Use of closed highway at user's risk. Any person using a state highway or bridge which has been designated as closed or restricted under the provisions of section 13a-115 shall do so at his own risk except with respect to any injury or loss not traceable to a defect caused in the process of construction, reconstruction or repair.

      (1949 Rev., 2238; 1958 Rev. 13-119; 1963, P.A. 226, S. 145; 504.)

      History: 1963 acts added exception and restated previous provisions: See title history.

      See Sec. 13a-257 re contractors' liability.

      Annotations to former statute:

      The immunity from liability for damages which this statute establishes enures to the benefit of a contractor. 121 C. 475. Cited. 123 C. 659; 125 C. 413. Commissioner resuming full control of road is liable for injuries due to defect even though contractor was responsible for sign not being in place. 126 C. 355. Immunity extends to negligence of a contractor under the commissioner as well as to defects in the highway. 128 C. 707. Statute not a defense unless pleaded. 130 C. 33. Compliance with this section will confer immunity as regards a defect not related to construction work; warning is not of defect, but that state will not be responsible; adequacy of warning is a question of fact. Id., 616. Statute has no application to injury suffered by one whose duties require him to be on highway in aid of work being done. 132 C. 89.

      Statutory immunity benefits highway commissioner only. 2 CS 75; 3 CS 241. Cited. 7 CS 357. If notice is posted, commissioner not liable for failure to maintain highway in reasonably safe condition. 10 CS 514. Notice "Caution, Guide Rail under Repair ..." does not close or restrict highway. Id., 521. Where highway closed for purpose of construction, reconstruction or repair, commissioner not liable for injury which is not traceable to defect caused in the process of such construction, etc. 11 CS 231. No immunity to contractor who performed work so as to create a nuisance. Id., 353; but see 12 CS 309, no reason for inserting implied exception removing statutory protection in case of such nuisance. Where posting of notice may be applicable only to vehicular traffic and not to foot travelers. 13 CS 124.

      Immunity extended to negligence of employee of contractor under commissioner. 2 Conn. Cir. Ct. 60, but see section 13a-257.

      Annotations to present section:

      Cited. 23 CA 735. Cited. 27 CA 734.