Lawyers for Charla Nash have filed for permission to sue the State of Connecticut. They argue that that Department of Environmental Protection failed to exercise their authority to seize the chimp.

The State of Connecticut contends they are not liable since they did not own the chimp nor did the State have any role in letting it loose when it attacked the victim.

Chimp attack victim asks for $150M lawsuit vs. Conn. to proceed; state says it’s not liable – The Washington Post

Most cases involving lawsuits against the State garner little interest. There are many cases where the State Claims Commissioner allows the State to be sued. For example, when someone is injured on property that the state failed to maintain or if a child is injured in state care while in a DCF licensed foster home.

However, since this case is tragic and involves a unique set of facts, the hearing has received a lot of attention.

I think it is a close call but I suspect the lawsuit against the State will not be permitted. It just seems that the State’s involvement is too attenuated. Plus allowing a suit of this magnitude will set unwanted precedent.

Here is the statute for bringing claims against the State:

Sec. 4-147. Notice of claim. Filing fees. Any person wishing to present a claim against the state shall file with the Office of the Claims Commissioner a notice of claim, in duplicate, containing the following information: (1) The name and address of the claimant; the name and address of his principal, if the claimant is acting in a representative capacity, and the name and address of his attorney, if the claimant is so represented; (2) a concise statement of the basis of the claim, including the date, time, place and circumstances of the act or event complained of; (3) a statement of the amount requested; and (4) a request for permission to sue the state, if such permission is sought.

CategoryPersonal Injury

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