Jan 19, 1994 · § 52-564 Theft. Treble damages if defendant stole property of another or knowingly received and concealed stolen property. (Mandatory.) § 52-564a Shoplifting. Punitive damages in amount not to exceed $300. If plaintiff does not prevail, the court may award defendant his costs, including reasonable attorney's fees, and damages not to exceed $300.
for damages for his or her injury. The court must award triple damages if the injured party prevails and may award equitable relief and reasonable attorney’s fees. The injured party must file the lawsuit within three years of the acts complained of (CGS § 52-571c). Deprivation of Rights, Desecration of Property, and Cross Burning It is a ...
Apr 05, 2016 · The Broad Evidence Rule has been used in Connecticut to calculate Actual Cash Value (ACV) on property damage cases since 1959. 1 That all changed in 2011 when the Connecticut House of Representatives passed Substitute House Bill No. 6238.This bill nullified the Broad Evidence Rule and instead calculated ACV for homeowners and commercial risk …
7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. If you've had your property damaged in Connecticut, you might be considering bringing a civil lawsuit against the person you think is to blame for what happened. In that situation, it's critical to understand Connecticut's statute of limitations for property damage ...
This is a very important aspect of the law because frequently the award for attorneys fees will be greater than the actual damage award to the employee. California law allows recovery for attorneys fees greater than the amount of actual damages because it recognizes that it important that attorneys have an incentive to ...
The court found more persuasive the reasoning of those courts that permit an award of attorney's fees as damages for the violation of a covenant not to sue because, unlike in most cases, attorney's fees in such a case are not costs but, rather, direct or consequential damages of a breach of this type of agreement.Aug 13, 2021
In Connecticut, punitive damages are awarded under either specific statutory provisions or the common law. No statute or practice rule, however, establishes a standard for punitive damages awards in general. Instead, various civil statutes provide for punitive damages awards in discrete situations.
Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim.
Brandt fees are attorney fees incurred in obtaining policy benefits in the course of a bad faith lawsuit; the term derives from Brandt v. Superior Court, 37 Cal. 3d 813 (1985). The concept behind Brandt fees is that policy benefits should not be reduced by fees required to obtain them in a tort (bad faith) action.Oct 10, 2006
The doctrine of "tort of another" is an established exception to the general rule that the prevailing party does not recover attorney's fees. That doctrine "allows a plaintiff attorney fees if he is required to employ counsel to prosecute or defend an action against a third party because of the tort of the defendant.
Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer.
A trivial sum of money awarded to a plaintiff whose legal right has been technically violated but who has not established that they are entitled to compensatory damages because there was no accompanying loss or harm.
Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation, a breach of contract. ... Consequential damages go beyond the contract itself and into the actions that arise from the failure to fulfill.
Punitive damages are a distinct type of damages that are available only in a few specified circumstances. Punitive damages serve two important functions: Punish behavior. Punitive damages are meant to punish particularly egregious behavior by the defendant.
There are two types of compensatory damages—general and actual. Actual damages are intended to provide funds to only replace what was lost. General compensatory damages awarded are more complex, as these compensatory damages do not represent a monetary expenditure.
Moral damages are a type of extraordinary damage that compensate an employee for mental distress or other intangible injury arising from the employer's breach of its duty of good faith and fair dealing in the manner of dismissal.
If you try to file your Connecticut property damage lawsuit after the relevant deadline has passed, the defendant (the person you're trying to sue) will almost certainly make a motion asking the court to dismiss the case. And, except in rare cases where an exemption from the deadline applies (more on these exceptions in the next section), the court will grant the dismissal. If that happens, you've essentially lost your right to any legal remedy for your damaged property. So, even if you're pretty sure your property damage case will settle, you still want to leave yourself plenty of time to file a lawsuit if you need to.
Connecticut lawmakers have set a two-year deadline for any lawsuit seeking compensation for the repair or replacement of damaged or destroyed property in the state, whether the case is over real property or personal property. Specifically, General Statutes of Connecticut section 52-584 states: "No action to recover damages...to real or personal property, caused by negligence, or by reckless or wanton misconduct…shall be brought but within two years from the date when the injury is first sustained."
In a Connecticut property damage lawsuit -- and most other kinds of civil lawsuits, for that matter -- a number of situations could pause ("toll" in legalese) or extend the lawsuit filing deadline set by the statute of limitations.
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A landlord in Connecticut can legally deduct the following from the security deposit: unpaid rent, utility bills, property damage and damage caused by the tenant’s failure to comply with obligations. Read more ».
In Connecticut, the maximum amount landlords can charge as security deposit is 2 months’ rent#N#“…In the case of a tenant under sixty-two years of age, a landlord shall not demand a security deposit in an amount that exceeds two months’ rent…”#N#CT Gen Stat § 47a-21 (2018)#N#unless the tenant is 62 years old or older, in which case the limit is 1 month’s rent#N#“…In the case of a tenant sixty-two years of age or older, a landlord shall not demand a security deposit in an amount that exceeds one month’s rent…”#N#CT Gen Stat § 47a-21 (2018)#N#. If the tenant turns 62 after paying a security deposit that’s more than one month’s rent, the tenant has the right to a refund of the excess#N#“…Any landlord who has received a security deposit in an amount that exceeds one month’s rent from a tenant who becomes sixty-two years of age after paying such security deposit shall return the portion of such security deposit that exceeds one month’s rent to the tenant upon the tenant’s request…”#N#CT Gen Stat § 47a-21 (2018)#N#upon request.
In Connecticut, a tenant is not usually allowed to use the security deposit as last month’s rent. However, if there is an agreement between the landlord and the tenant to use the security deposit for last month’s rent, then the tenant can do so. Read more ».
If a landlord in Connecticut does not return the security deposit within 30 days from the move out date, the landlord loses the right to make any deductions and may be liable for a penalty of double the amount of the security deposit. Read more ».
In Connecticut, a landlord is allowed to charge a cleaning fee but only insofar as necessary to bring the unit to the state it was in when the tenant moved in. Beyond that, the landlord can only charge cleaning costs against the security deposit if the rental agreement allows doing so. Read more ».
Security deposits are like safety nets. They ensure compensation for any loss that the landlord might incur because of the tenant’s acts. It covers for incidents like damage to the property, termination of the lease without notice or non-payment of rent. Legal Basics.
The Landlord is required to give the tenant a written notice containing the details of the escrow account within 30 days.
“Non-OEM” parts are often referred to as after-market parts that are replacement parts that do not come from the vehicle manufacturer.
Sec. 38a-355. (Formerly Sec. 38-175z). Notice required concerning parts used to repair damaged private passenger motor vehicles. (a) (1) Whenever repairs are necessary to the visible exterior sheet metal or plastic parts of a damaged private passenger motor vehicle, as defined in section 38a-363, any insurer or repairer, as defined in section 14-51, preparing a written estimate of the cost of such repairs shall clearly identify in such estimate each major replacement part to be used which is not manufactured by the original manufacturer of the damaged part in such motor vehicle. For the purposes of this section, “parts” means motor vehicle replacement parts of sheet metal or plastic, which constitute the visible exterior of the vehicle, including inner and outer panels, and which are generally repaired or replaced as the result of a collision.
Service of process on the Insurance Commissioner will be accepted Monday - Friday, 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. Masks are required to enter the reception area and office space. Click here to view the Department's coronavirus information . CT.gov Home. Insurance Department. Current:
The Connecticut Insurance Department (the “Department”) understands that physical damage to your automobile can be a major inconvenience that causes financial difficulties for many Connecticut residents.
For the purposes of this section, "constructive total loss" means the cost to repair or salvage damaged property, or the cost to both repair and salvage such property, equals or exceeds the total value of the property at the time of loss.
Recoverable damages are generally the difference in land value before and after the destruction. See Santa Barbara Pistachio Ranch v. Chowchilla Water District (2001) 88 CA4th 439, 446-48. For example, if your property was worth $200,000 with trees and now it is worth $100,000 without trees, your recoverable damages are $100,000.
Anyone who sets fire to a tree is responsible for “any” harm to the tree. See Health and Safety Code 13007. The person’s actions could be intentional or negligent–it doesn’t matter. Recoverable damages includes “fire suppression” costs incurred in fighting the fire (e.g. firemen) and the cost of providing rescue services.
If the destruction of the trees was intentional, then the recoverable damages are “treble” (or triple) the ordinary measure of damages per Civil Code 3346. That statute is punitive. So if your recoverable damages are $100,000, they then became $300,000.
Code of Civil Procedure 733 allows “treble” damages for any injury to trees.
The Connecticut Unfair Trade Practices Act (CUTPA) The Connecticut Unfair Trade Practices Act ( CUTPA) prohibits unfair competition and unfair and deceptive acts. Initially adopted in 1973, CUTPA has been modified by the state legislature. The Department of Consumer Protection (DCP) has jurisdiction over CUPTA, but it is most commonly used as ...
CUTPA specifies certain acts or practices as violations. For example, any violation of the Home Improvement Act is deemed to violate CUTPA, and the Department of Consumer Protection has issued regulations that define types of unfair trade practices.
CUTPA authorizes the Department of Consumer Protection to investigate complaints. The Commissioner may issue subpoenas, administer oaths, and conduct hearings. Further, the Commissioner and their representatives have the authority to: