Conn. Civ. Jury Instr. 4.4-31

If you find that a bailment was created, the defendant <name>, as the bailee, was required to use

reasonable care under the circumstances to protect the plaintiff's property. The plaintiff <name>

claims that when (he/she/it) requested the return of the personal property, the defendant (failed to

return it/returned it in a damaged condition).

The defendant does not deny that the <specify property> was delivered to (him/her/it) and that

(he/she/it) (failed to return it/returned it in a damaged condition). However, (he/she/it) claims

that <specify the basis of defendant's explanation>.

Once a bailment has been established and the bailee (failed to return the property/returned it in a

damaged condition), there arises a presumption that the damage or loss was the result of the

bailee's lack of reasonable care, or negligence.

The defendant then must prove the actual circumstances involved in the (loss/damage) to the

plaintiff's property, thereby rebutting the presumption of negligence. This proof must include

what caused the (loss/damage), and what, if any, precautions were taken to prevent the

(loss/damage). It is not enough to only show that the property was (damaged/lost) by <specify

cause of loss or damage: fire, theft, etc.>. The defendant must also prove the circumstances

leading up to the <specify cause of loss or damage: fire, theft, etc.>, including any precautions

that were taken. If the defendant has not proved the actual circumstances of the (loss/damage)

and not successfully rebutted the presumption of negligence by evidence of precautions taken,

due care exercised or otherwise, then you must find that the defendant was negligent in failing to

protect the plaintiff's property.

If you find that the defendant used reasonable care to protect the plaintiff's property, then you

must find for the defendant. If you find that the defendant did not use reasonable care to protect

the plaintiff's property, and if the <specify cause> was the result of the defendant's negligence,

then you must find that the defendant is liable to the plaintiff for damages.