In a victory for plaintiffs lawyers in Connecticut, the state Supreme Court has ruled that a bike-riding teen who was injured on the side of the road may sue the state under the highway defect statute.
Typically the government has immunity from lawsuits, but there is an exception for highway defects. What constitutes a defective road under the statute, though, has long been debated. Most courts have interpreted the statute to cover instances only when a highway or adjacent structure—such as a sign post—is in disrepair.
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