If contributory negligence is relied upon as a defense, it shall be affirmatively pleaded by the defendant and the defendant shall specify the negligent acts or omissions on which the defendant relies. (See General Statutes § 52-114 and annotations.)
Section 10-53.—Pleading Contributory Negligence
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA defendant who wants to rely on contributory negligence as a defense must affirmatively plead it and spell out the specific negligent acts or omissions the defense is based on.
Full Text of Section 10-53
Amendment History
(P.B. 1978-1997, Sec. 167.)
Plain-English Summary
This rule sets the pleading requirement for a contributory negligence defense. A defendant relying on contributory negligence must affirmatively plead it — it can’t be argued at trial without notice in the pleadings.
The defendant must also specify the negligent acts or omissions the defense relies on, rather than alleging contributory negligence in general terms. The rule notes that General Statutes § 52-114 and its annotations bear on this defense.
Frequently Asked Questions
Does contributory negligence have to be pleaded in Connecticut?
Yes. The rule requires a defendant relying on contributory negligence to affirmatively plead it as a defense.
How specific does a contributory negligence defense need to be?
The defendant must specify the particular negligent acts or omissions the defense relies on, not just assert contributory negligence generally.
Is contributory negligence a type of special defense?
Yes, it is pleaded affirmatively as a defense, consistent with the requirement that facts defeating the plaintiff’s recovery beyond a simple denial be specially alleged.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-53). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: pleading contributory negligence CTaffirmative defense negligent actsspecify negligent acts omissions rulecontributory negligence defense requirements