Connecticut Adopts Alternative Liability

The Connecticut Supreme Court adopted alternative liability in a decision to be officially released tomorrow.  In Connecticut Interlocal Risk Management Agency and Town of Somers v. Jackson , it was alleged three men trespassed at a mill in June 2012.  The group drank and smoked approximately 15 cigarettes throughout the building.  The group failed to extinguish some of the cigarettes, sparking a fire that destroyed the building and a sewer line.  The plaintiffs, a town and its insurer, were not able to prove which specific defendant was responsible for lighting the fire, and the Superior Court granted a motion for summary judgment based on the failure to prove causation.  The Supreme Court reversed and remanded, adopting alternative liability.  

Thanks to Richard Wright for the tip.