Conn. Civ. Jury Instr. 3.9-9

The legal responsibility for maintaining premises in a reasonable safe condition depends upon

who is in possession of the land, that is, who has control of the premises. “Control” means the

power or authority to manage, superintend, direct, oversee, restrict or regulate.

In considering whether a party is one who controls the premises, you can consider evidence of

the following:

• acts of maintenance, such as fixing, repairing, cleaning, painting,

performing upkeep - or the power to direct those activities;

• acts of inspection such as conducting or directing inspections or surveys of

the property;

• acts restricting or allowing entry onto the premises;

• acts warning others of conditions or boundaries on the property, or setting

or laying out rules for conduct upon the property;

• using the premises or property to store things, or to receive mail,

visitors, customers or deliveries.

You must determine whether the plaintiff has proved that the defendant was in control of the

premises at the relevant time. If the plaintiff has not so proved, then you must end your inquiry

and return a verdict for the defendant. If the plaintiff has so proved, then you must consider

whether the plaintiff has proved the other necessary parts of the plaintiff’s case in making a

determination of your verdict.