Conn. Civ. Jury Instr. 3.9-1

In determining whether the defendant is liable to the plaintiff, it is necessary for you, the jury, to

decide what, if any, duty the defendant owed to the plaintiff. Under our law, this depends on

what the status of the plaintiff was in entering and remaining on the premises. If the plaintiff

was a trespasser, that may obligate the defendant to do or refrain from doing certain things about

the premises. If the plaintiff was a licensee (I will explain this term in a moment), then another

set of obligations is due from the defendant. If the plaintiff is an invitee, then a third set of legal

duties is owed by the defendant.

[<If status is stipulated to or admitted:> The (parties agree/defendant admits the allegation) that

the plaintiff had the status of (a/an) (trespasser/licensee/invitee). I will now explain what the law

says about the duty of the defendant to one who has that status.]

[<If status of plaintiff is disputed:> The determination of the plaintiff’s status is a question of fact

for you to determine. Your decision about what the plaintiff’s status was will then lead you to

answer the question “what, if any, duty did the defendant owe to the plaintiff?” according to the

instructions that follow. Your first question in this premises liability case, however, is what was

the status of the plaintiff? The plaintiff claims (he/she) had the status of (a/an)

(trespasser/licensee/invitee); the defendant claims the plaintiff had the status of (a/an)

(trespasser/licensee/invitee). Since you must resolve this dispute, I will now explain the

definition of [trespasser], [licensee], and [invitee]; and in each case what the law says about the

duty of the defendant.]