Conn. Civ. Jury Instr. 3.9-27

A public nuisance can be created intentionally or negligently. A nuisance is created intentionally

if the creator of the condition intends the act that brings about the condition. It does not mean

that the creator intended a wrong, or intended an injury to occur, or even intended to cause a

nuisance, but merely that the one who created the condition intended to act as (he/she) did.

If you find that a nuisance existed and that the act that created it was an intentional one, then this

is called an absolute nuisance, and the creator of the nuisance is held strictly liable. That means

the creator cannot claim comparative negligence on the part of the plaintiff as a defense, but

must be fully responsible for any damages you find were proximately caused by the nuisance.

If you find that a nuisance existed and that it arose out of the creator's unintentional but negligent

act -- that is, the failure to exercise due care -- then the resulting nuisance is called a negligent

nuisance. That means that the creator is entitled to claim, and you may consider whether, the

plaintiff contributed through the plaintiff's own negligence to the injuries (he/she) suffered.