AN ACT CONCERNING CLAIMS AGAINST THE STATE FOR MEDICAL MALPRACTICE AND INJURIES OCCURRING ON LANDS AVAILABLE TO THE PUBLIC FOR RECREATIONAL PURPOSES.

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General Assembly Raised Bill No. 5430
February Session, 2026 LCO No. 2298

Referred to Committee on JUDICIARY

Introduced by:
(JUD)

AN ACT CONCERNING CLAIMS AGAINST THE STATE FOR MEDICAL
MALPRACTICE AND INJURIES OCCURRING ON LANDS AVAILABLE
TO THE PUBLIC FOR RECREATIONAL PURPOSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 4-160 of the 2026 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) Whenever the Claims Commissioner deems it just and equitable, 4
the Claims Commissioner, the Deputy Claims Commissioner or a 5
special deputy may authorize suit against the state on any claim which, 6
in the opinion of the Claims Commissioner, presents an issue of law or 7
fact under which the state, were it a private person, could be liable. The 8
Claims Commissioner, the Deputy Claims Commissioner or a special 9
deputy may grant permission to sue for a claim that exclusively seeks 10
permission to sue the state based solely on the notice of claim or any 11
supporting evidence submitted pursuant to section 4 -147, or both, 12
without holding a hearing, upon the filing by the attorney or pro se 13
claimant of (1) a motion for approval to assert a claim without a hearing, 14

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requesting a ruling based solely on the notice of the claim and any 15
supporting evidence submitted under the provisions of this chapter, 16
and (2) an affidavit attesting to the validity of a claim. Such affidavit 17
shall be signed, notarized and filed by both the attorney and claimant or 18
a pro se claimant, attesting to the following, in the following form: "I 19
have made a reasonable inquiry, as permitted by the circumstances, 20
which has given rise to a good faith belief that grounds exist for a suit 21
against the state. Such inquiry includes (provide a brief description of 22
the inquiry made)". The claimant shall serve any motion for approval 23
and affidavit on the office of the Attorney General and any state agency 24
that is a subject of the claim. The state may file an opposition to the 25
motion for approval and the affidavit not later than thirty days after 26
such service of the motion and affidavit. Such opposition shall be 27
limited to opposition of the claim based solely on jurisdictional grounds, 28
including pursuant to section 4-142, or subsection (a) of section 4-148, or 29
prosecutorial, judicial, quasi-judicial or legislative immunity. 30
(b) Any claim exclusively requesting permission to sue the state that 31
was filed more than three years prior to July 1, 2023, that has not been 32
disposed of by the Office of the Claims Commissioner, shall be referred 33
to a special deputy for proceedings in accordance with subsection (d) of 34
this section, unless the claimant expressly states the desire to have such 35
claim remain before the Claims Commissioner. 36
(c) If a claim exclusively requesting permission to sue the state 37
remains pending with the Office of the Claims Commissioner eighteen 38
months after the date on which such claim was filed with the office, a 39
claimant may file a notice indicating the passage of such eighteen 40
months with the Attorney General, the Governor and the joint standing 41
committee of the General Assembly having cognizance of matters 42
relating to the judiciary. The Claims Commissioner, Deputy Claims 43
Commissioner or a special deputy shall make all reasonable efforts to 44
render a decision on such claim not later than ninety days after the filing 45
of such notice, and the Office of the Claims Commissioner shall retain 46
jurisdiction over the disposition of such claim beyond the ninety -day 47

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period until the date for the end of the next regular session of the 48
General Assembly. If the Claims Commissioner, Deputy Claims 49
Commissioner or a special deputy does not issue a decision during such 50
ninety-day period, the claim shall be referred to a special deputy for 51
proceedings in accordance with subsection (d) of this section. The 52
provisions of this subsection shall not apply to a claim in which the 53
parties have not objected to an extension of time for the Office of the 54
Claims Commissioner to dispose of the claim. 55
(d) (1) If a claim is referred to a special deputy under subsection (b) 56
or (c) of this section, such special deputy shall review the notice of claim, 57
the state's notice of opposition and any discovery or other supporting 58
evidence, and may, if the special deputy deems it necessary, hold a 59
conference with the parties using telephonic or video conferencing 60
technology. Consideration of the state's opposition to such claims shall 61
be limited to jurisdictional grounds or prosecutorial, judicial, quasi -62
judicial or legislative immunity. The special deputy shall make a 63
determination to deny or dismiss a claim or authorize a claimant to sue 64
the state, not later than ninety days after the claim is referred to such 65
special deputy. A special deputy shall authorize suit against the state if 66
the claim, in the opinion of the special deputy, presents an issue of law 67
or fact under which the state, were it a private person, could be liable. If 68
the resolution of the state's opposition to the claim is based on a dispute 69
of a material fact, the special deputy shall grant permission to sue the 70
state and preserve the state's right to pursue such defense in court. 71
(2) A special deputy shall make a finding of fact for each claim and 72
file such finding with the order or authorization disposing of the claim 73
with the Claims Commissioner. The special deputy shall provide a copy 74
of such finding and order or authorization to the claimant and to the 75
representative for the state, which representative may in appropriate 76
cases be the Attorney General. 77
(e) A claimant exclusively seeking permission to sue the state shall be 78
deemed to have been granted permission to sue the state by the Claims 79

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Commissioner if the Attorney General files with the Office of the Claims 80
Commissioner a signed stipulation authorizing permission to sue the 81
state for a particular claim of the claimant. 82
(f) [In any claim alleging malpractice against the state, a state hospital 83
or against a physician, surgeon, dentist, podiatrist, chiropractor or other 84
licensed health care provider employed by the state, the attorney or pro 85
se party filing the claim may submit a certificate of good faith to the 86
Office of the Claims Commissioner in accordance with section 52 -190a. 87
If such a certificate is submitted, permission to sue the state shall be 88
deemed granted by the Claims Commissioner (1) on June 28, 2021, if the 89
certificate has been filed with the Claims Commissioner prior to June 28, 90
2021, or (2) upon the filing of the certificate with the Office of the Claims 91
Commissioner, if such certificate is filed on or after June 28, 2021. In lieu 92
of filing a notice of claim pursuant to section 4 -147, a claimant may 93
commence a medical malpractice action against the state prior to the 94
expiration of the limitation period set forth in section 4 -148 and 95
authorization for such action against the state shall be deemed granted. 96
Any such action shall be limited to medical malpractice claims only and 97
any such action shall be deemed a suit otherwise authorized by law in 98
accordance with subsection (a) of section 4 -142. The provisions of this 99
subsection shall apply to any claim alleging malpractice against the state 100
that was timely filed with the Claims Commissioner and remains 101
pending with said commissioner, regardless of whether such claim was 102
filed before, on or after October 1, 2019.] All claims alleging malpractice 103
of the state, a state hospital or a physician, surgeon, dentist, podiatrist, 104
chiropractor or other licensed health care provider employed by the 105
state, arising on and after July 1, 2026, shall be filed as a suit against the 106
state with the Superior Court in accordance with the provisions of 107
section 52-190a. The state waives its immunity from liability and from 108
suit in each such medical malpractice action, and the rights and liability 109
of the state in each such action shall be coextensive with and shall equal 110
the rights and liability of private persons in like circumstances. Any 111
such action shall be limited to medical malpractice claims only and any 112

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such action shall be deemed a suit otherwise authorized by law in 113
accordance with subsection (a) of section 4-142. 114
(g) After completion of discovery in a suit filed in the Superior Court 115
after receiving permission to sue the state on the basis of an affidavit 116
attesting to the validity of a claim filed in accordance with subsection (a) 117
of this section, if the court determines that such affidavit was not made 118
in good faith, that no justiciable issue was presented against the state 119
and that the state cooperated in good faith with the claimant by 120
providing informal discovery, the court, upon motion or on its own 121
initiative, shall impose upon the attorney and claimant or pro se 122
claimant who signed such affidavit an appropriate sanction, which may 123
include an order to pay to the state the reasonable expenses incurred by 124
the state because of the filing of the suit. The court may also submit the 125
matter to the appropriate authority for disciplinary review of any 126
attorney who submitted the affidavit. 127
(h) In each action authorized by the Claims Commissioner, the 128
Deputy Claims Commissioner or a special deputy, or any action where 129
permission to sue the state has been deemed to have been granted by 130
the Claims Commissioner, the Deputy Claims Commissioner or a 131
special deputy pursuant to subsections (a) to (f), inclusive, of this section 132
or by the General Assembly pursuant to section 4 -159 or 4 -159a, the 133
claimant shall allege such authorization or permission and the date on 134
which it was granted, except that evidence of such authorization or 135
permission shall not be admissible in such action as evidence of the 136
state's liability. Except as provided in subsection (d) of this section, (1) 137
the state waives its [immunity from liability and from suit in each such 138
action and waives all defenses which might arise from the eleemosynary 139
or governmental nature of the activity complained of ] sovereign 140
immunity from liab ility, and (2) the rights and liability of the state in 141
each such action shall be coextensive with and shall equal the rights and 142
liability of private persons in like circumstances. 143
(i) No such action shall be brought but within one year from the date 144

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such authorization becomes effective or permission to sue is granted, 145
whichever date is later. With respect to any claim presented to the Office 146
of the Claims Commissioner, the Deputy Claims Commissioner or a 147
special deputy for which authorization or permission to sue is granted, 148
any statute of limitation applicable to such action shall be tolled until 149
the date such authorization or permission to sue is granted. The 150
claimant shall bring such action against the state as party defendant in 151
the judicial district in which the claimant resides or, if the claimant is 152
not a resident of this state, in the judicial district of Hartford or in the 153
judicial district in which the claim arose. 154
(j) Civil process directed against the state shall be served as provided 155
in section 52-64. 156
(k) Issues arising in such actions shall be tried to the court without a 157
jury. 158
(l) The laws and rules of practice governing disclosures in civil 159
actions shall apply against state agencies and state officers and 160
employees possessing books, papers, records, documents or 161
information pertinent to the issues involved in any such action. 162
(m) The Attorney General, with the consent of the court, may 163
compromise or settle any such action. The terms of every such 164
compromise or settlement shall be expressed in a judgment of the court. 165
(n) Costs may be allowed against the state as the court deems just, 166
consistent with the provisions of chapter 901. 167
(o) The clerk of the court in which judgment is entered against the 168
state shall forward a certified copy of such judgment to the Comptroller. 169
The Attorney General shall certify to the Comptroller when the time 170
allowed by law for proceeding subsequent to final judgment has expired 171
and the Attorney General shall designate the state agency involved in 172
the action. Upon receipt of such judgment and certification the 173
Comptroller shall make payment as follows: Amounts directed by law 174

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to be paid from a special fund shall be paid from such special fund; 175
amounts awarded upon contractual claims for goods or services 176
furnished or for property leased shall be paid from the appropriation of 177
the agency which received such goods or services or occupied such 178
property; all other amounts shall be paid from such appropriation as the 179
General Assembly may have made for the payment of claims. 180
(p) Not later than five days after the convening of each regular 181
session, the Attorney General shall report to the joint standing 182
committee of the General Assembly having cognizance of matters 183
relating to the judiciary on the status and disposition of all actions 184
authorized pursuant to this section or section 4 -159, or brought against 185
the state under any other provision of law and in which the interests of 186
the state are represented by the Attorney General. The report shall 187
include: (1) The number of such actions pending in state and federal 188
court, categorized by the alleged ground for the action, (2) the number 189
of new actions brought in the preceding year in state and federal court, 190
categorized by the alleged ground for the action, (3) the number of 191
actions disposed of in the preceding year, categorized by the ground for 192
the action that was disposed of and whether the action was disposed of 193
by settlement or litigation to final judgment, and the amount paid for 194
actions within the respective categories, and (4) such other information 195
as may be requested, from time to time, by the joint standing committee 196
of the General Assembly having cognizance of matters relating to the 197
judiciary. The report shall identify each action disposed of by payment 198
of an amount exceeding one hundred thousand dollars. 199
Sec. 2. Section 52 -557f of the general statutes is repealed and the 200
following is substituted in lieu thereof (Effective from passage): 201
As used in sections 52-557f to 52-557i, inclusive: 202
(1) "Charge" means the admission price or fee asked in return for 203
invitation or permission to enter or go upon the land; 204
(2) "Land" means land, roads, water, watercourses, private ways and 205

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buildings, structures, and machinery or equipment when attached to the 206
realty, except that if the owner is a municipality, political subdivision of 207
the state, municipal corporation, special district or water or sewer 208
district: (A) "Land" does not include a swimming pool, playing field or 209
court, playground, building with electrical service, or machinery when 210
attached to the realty, that is also within the possession and control of 211
the municipality, political subdivision of the state, municipal 212
corporation, special district or water or sewer district; and (B) "road" 213
does not include a paved public through road that is open to the public 214
for the operation of four-wheeled private passenger motor vehicles; 215
(3) "Owner" means the possessor of a fee interest, a tenant, lessee, 216
occupant or person in control of the premises. "Owner" includes, but is 217
not limited to, the state, a municipality, political subdivision of the state, 218
municipal corporation, special district or water or sewer district; 219
(4) "Recreational purpose" includes, but is not limited to, any of the 220
following, or any combination thereof: Hunting, fishing, swimming, 221
boating, camping, picnicking, hiking, pleasure driving, nature study, 222
water skiing, snow skiing, ice skating, sledding, hang gliding, sport 223
parachuting, hot air ballooning, bicycling and viewing or enjoying 224
historical, archaeological, scenic or scientific sites. 225
This act shall take effect as follows and shall amend the following
sections:

Section 1 from passage 4-160
Sec. 2 from passage 52-557f

Statement of Purpose:
To clarify state law provisions relating to (1) bringing a claim against the
state for alleged medical malpractice by a state actor, and (2) the state's
liability for injuries occurring on land made available to a member of
the public for recreational purposes.

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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]