Conn. Gen. Stat. » Title 52 — CIVIL ACTIONS · Chapter 901 — Damages, Costs and Fees
Connecticut General Statutes

Conn. Gen. Stat. § 52-240a (2026)

Award of attorney's fees in product liability action

✓ current as of May 2026
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If the court determines that the claim or defense is frivolous, the court may award reasonable attorney's fees to the prevailing party in a products liability action.

(P.A. 79-483, S. 7.)

Cited. 187 C. 363; 210 C. 189; 239 C. 284; 240 C. 58. “Prevailing party” defined; section permits attorneys' fees to be awarded following acceptance of an offer of judgment under Sec. 52-194. 258 C. 299.

Cited. 16 CA 558.

Cited. 39 CS 132.

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Notes of Decisions
Cited in 18 cases, 1983–2018 · leading case: Bifolck v. Philip Morris, Inc., 152 A.3d 1183 (Conn. 2016).
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Bifolck v. Philip Morris, Inc., 152 A.3d 1183 (Conn. 2016). · cites it 19× “See General Statutes § 52-240a. I share the majority's concerns that arise from construing §§ 52-240a and 52-240b as both allowing awards of attorney's fees but under different conditions.”
Wallerstein v. Stew Leonard's Dairy, 780 A.2d 916 (Conn. 2001). · cites it 23× “he dispositive issue in this products liability case is whether, after the defendant, Stew Leonard’s Dairy, had made an offer of judgment pursuant to General Statutes § 52-193 1 and the plaintiff, Steven Wallerstein, had accepted the offer pursuant to General Statutes § 52-194,…”
Malerba v. Cessna Aircraft Co., 554 A.2d 287 (Conn. 1989). · cites it 4× “The trial court concluded: (1) common law principles of indemnification had been “abrogated by virtue of our Product Liability Act”; General Statutes §§ 52-240a, 52-240b, 52-572m through 52-572r and 52-577a; and (2) the third party complaint failed to allege either of the…”
Marsh, Day & Calhoun v. Solomon, 529 A.2d 702 (Conn. 1987). · cites it 2× “The plaintiff claims that testimony shows that the defendant agreed to pay the plaintiff’s hourly rate plus any and all costs and expenses incurred in connection with the plaintiff’s activities.”
Conn. Hous. Fin. Auth. v. Alfaro, 176 A.3d 1146 (Conn. 2018). · cites it 3× “In construing the phrase "successfully defends," we also must consider the meaning of the accompanying phrase "successfully prosecutes," and such consideration lends further support to the functional equivalence of "successfully defends" and "prevailing party." The two verbs…”
Frillici v. Town of Westport, 823 A.2d 1172 (Conn. 2003). · cites it 2× “2d 916 (2001), this court determined that a party in whose favor judgment is rendered pursuant to the offer of judgment statute; General Statutes § 52-194; is the prevailing party as that term is used in the statute governing the award of attorney’s fees in a product liability…”
Yale Univ. v. Out of the Box, LLC, 990 A.2d 869 (Conn. App. Ct. 2010). · cites it 4× “In that case, following a stipulated judgment, the plaintiff sought an award of attorney's fees pursuant to General Statutes § 52-240a. Although the dissent in Wallerstein characterized the appeal as whether the trial court had abused its discretion in denying the plaintiff's…”
Rizzo Pool Co. v. Del Grosso, 689 A.2d 1097 (Conn. 1997). · cites it 2× “In considering this issue, the determinative question is the proper inteipretation of the provision of § 42-150bb limiting a consumer’s award of attorney’s fees to “the terms governing the size of the fee for the commercial party.”
Ames v. Comm'r, 839 A.2d 1250 (Conn. 2004). · cites it 2× “ceptions to our common-law rule include General Statutes § 14-106b (d) (in action to recover damages for odometer tampering, defendant shall be liable for, inter alia, “reasonable attorney’s fees”), General Statutes § 14-145c (allowing “reasonable attorney’s fees” in action to…”
24 Leggett Street Ltd. P'ship v. Beacon Indus., Inc., 685 A.2d 305 (Conn. 1996). · cites it 2× “, General Statutes § 52-240a (attorney’s fees may be awarded in products liability action).”
Crotta v. Home Depot, Inc., 732 A.2d 767 (Conn. 1999). · cites it 2× “See General Statutes §§ 52-240a, 52-240b, 52-572m through 52-572q and 52-577a.”
Icelandic Coast Guard v. United Tech. Corp., 722 F. Supp. 942 (D. Conn. 1989). · cites it 4× “The ICG further seeks punitive damages and attorneys’ fees under the Connecticut products liability statutes, Conn.Gen.Stat. §§ 52-240a and -240b. The three defendants seek summary judgment as to ICG’s claims for economic loss.”
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