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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gore v. People's Savings Bank, 35 Conn. App. 126 (1994)

Citation
Gore v. People's Savings Bank, 35 Conn. App. 126 (1994)
Parent Document
Gore v. People's Savings Bank, 35 Conn. App. 126 (1994)
Jurisdiction
Connecticut (state)
Effective Date
1994-07-12

Full Text

1,292 chars
We note that the distinctions between statutory negligence per se and strict liability have rarely been explored by our courts. In Vingiano v. Frisco, Superior Court, judicial district of New Haven, Docket No. 240142 (June 23,1986), Judge (now Justice) Berdon discussed the differences between negligence per se and strict liability. Vingiano concerned the nature of civil liability pursuant to General Statutes (Rev. to 1983) § 14-80 (a), which required that “service and parking *132brake systems . . . shall be maintained at all times in good working order.” Judge Berdon commented that the key difference between the imposition of negligence per se and strict liability concerned the fact that § 288A of the Restatement (Second) of Torts provided excuses for violations of statutes under the doctrine of negligence per se, while there is no provision for excuses under the doctrine of strict liability. Judge Berdon noted that our courts have often confused the terms strict liability and negligence per se.7 Judge Berdon then concluded that the legislature did not intend that excuses be permitted for violation of § 14-80 (a), that § 14-80 (a) imposed strict liability and that the second element of strict liability, namely proximate causation, had been met. Vingiano v. Frisco, supra.