Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 47a-8

Citation
Section 47a-8
Parent Document
Gore v. People's Savings Bank, 35 Conn. App. 126 (1994)
Jurisdiction
Connecticut (state)
Effective Date
1994-07-12

Full Text

1,418 chars
We note that the imposition of strict liability in the area of lead-based paint poisoning is not novel.11 In Massachusetts, for example, the legislature has provided for the strict liability of the owner of the premises who violates a statute that requires him to remove or cover paint in order to make it inaccessible to children under six years of age. Mass. Gen. L., c. 111 §§ 197, 199 (1985); see Bencosme v. Kokoras, 400 Mass. 40, 748 N.E.2d 748 (1987). If the landlord fails to address the lead-based paint hazard after notification of the danger, he is subject to treble damages. Mass. Gen. L., c. 111 § 199 (1985). Although our statutes concerning lead-based paint are not as specific as that of Massachusetts, our legislature has recognized the health hazard that lead-based paint presents through the enactment of §§ 47a-8 and 47a-54f. Consistent with our previous construction of § 47a-8 in the context of a summary process action as not requiring notice to the landlord of the lead-based paint defect, we conclude that the legislature did not require notice to the landlord prior to the imposition of civil damages pursuant to a theory of strict liability. We also conclude that the legislature, in enacting § 47a-54f, with language vir*137tually identical to that of § 47a-8, likewise, did not require notice to a landlord prior to the imposition of civil damages pursuant to a theory of strict liability.