Conn. Civ. Jury Instr. 3.13-11

The plaintiff claims the defendant trespassed. <Insert specific factual claim.> Trespass is the

going onto the land of another without the express or implied consent of the (owner/possessor) to

do so. To recover damages for trespass, the plaintiff must prove the following three elements by

a preponderance of the evidence:

1. the plaintiff (owned/possessed) to the exclusion of others the portion of property

where the trespass allegedly occurred;

2. the defendant caused an invasion, intrusion, or entry of the property without the

express or implied consent of the plaintiff [or prior owners]; and

3. the entry was done intentionally by the defendant.

As to the third element, the plaintiff must prove that the defendant’s entry upon the plaintiff’s

property was intentional. The plaintiff need not prove that the defendant intended to cause

damage or injury to the land in order to prove trespass. The plaintiff also does not have to prove

that the defendant knew that it was the plaintiff’s property. It is sufficient if the plaintiff proves

that the defendant’s conscious objective was to enter the property in question and that the

defendant’s actions were voluntary rather than accidental or coerced.

If you find that the plaintiff has failed to prove any of the first three elements, then you must find

in favor of the defendant on this count. If you find that the plaintiff has proven the first three

elements of trespass, then you must award at least nominal damages. Nominal damages are

usually a small amount of at least one dollar. To recover more than nominal damages, the

plaintiff must prove that the entry caused a direct injury. “Direct” means that the trespass was

the proximate cause of the injury. “Injury” means damage to property. Thus, a direct injury is

damage to property proximately caused by the defendant’s trespass. <Insert Proximate Cause,

Instruction 3.1-1.>