Connecticut General Statutes

Conn. Gen. Stat. § 52-217 (2026)

Violation of statute by minor

✓ current as of May 2026
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In all actions for recovery of damages for injury to person or property, in which the plaintiff or defendant was a minor under sixteen years of age at the time such cause of action arose, it shall be a question of fact to be submitted to the judge or jury to determine whether or not such minor plaintiff or minor defendant was in the exercise of due care, when there is a violation of statutory duty by such plaintiff or defendant.

(1949 Rev., S. 7948.)

Cited. 146 C. 10. Minor child may be liable to her minor sister for damage caused by negligence. 147 C. 649. Cited. 148 C. 459. Boy 14 years old entitled to have jury measure his conduct by that reasonably to be expected of children of similar age, judgment and experience. 151 C. 434. Cited. 154 C. 644; 165 C. 251.

Cited. 38 CS 426.

Notes of Decisions
Cited in 6 cases, 1960–1982 · leading case: State v. Russo, 450 A.2d 857 (Conn. Super. Ct. 1982).
State v. Russo, 450 A.2d 857 (Conn. Super. Ct. 1982). · cites it 6× “This recognition led to the enactment of General Statutes § 52-217, which makes it a question of fact whether a minor under the age of sixteen was in the exercise of due care when he violated a statutory duty.”
Moore v. Bunk, 228 A.2d 510 (Conn. 1967). · cites it 2× “Although a minor is subject to a legal disability in the management of his property and in his contractual obligations, he nevertheless is permitted to make a will at the age of eighteen (General Statutes § 45-160), and he may be licensed to operate a motor vehicle after he…”
Santor v. Balnis, 199 A.2d 2 (Conn. 1964). · cites it 2× “General Statutes § 52-217. The boy was entitled to have the jury measure Ms conduct by that reasonably to be expected of children of similar age, judgment and experience.”
Overlock v. Ruedemann, 165 A.2d 335 (Conn. 1960). · cites it 2× “It is true that in determining the negligence of a minor the law applies to him a standard of conduct which will vary according to his age, judgment and experience, but the law does not grant him a complete immunity from liability for his torts, even in negligence.”
Worden v. Francis, 172 A.2d 196 (Conn. 1961). · cites it 2× “Consequently, appropriate instructions to the jury by the court on both of these statutes may be required, together with a proper explanation of their relevance to each other and their application to the particular claims in the individual case.”
Mahon v. Heim, 332 A.2d 69 (Conn. 1973). · cites it 2× “Presumably, then, the public policy of this state requires all persons aged sixteen and over to operate motor vehicles in accordance with the same standard of care. The considerations which require a minor to adhere to an adult standard when driving a motor vehicle are also…”
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