3.9-2 Status of Parties -
Revised to January 1, 2008 (modified
May 12, 2014)
is a person who enters or remains upon land in the possession of
another without a privilege to do so.
A possessor of
land owes no duty to safeguard from harm a person who comes upon
the land as a trespasser. The possessor has a right to
assume that no one will trespass upon the land. The
possessor has no duty to keep the land reasonably safe for any
adult trespasser. Rather, there is only a duty to refrain
from intentional, willful, wanton or reckless conduct that
causes injury to the trespasser.
If a possessor
of land has knowledge that trespassers constantly intrude upon a
limited area of the land, the possessor of land is liable for an
artificial condition that caused injury to the trespasser on
that part of the land if all of the following are met:
condition is one that the possessor has created or maintains,
condition is one that, to the possessor's knowledge, is likely
to cause death or serious bodily harm to such trespassers, and
condition is of such a nature that the possessor has reason to
believe that such trespassers will not discover it, and
possessor has failed to use reasonable care to warn such
trespassers of the artificial condition and the risk involved.
Maffucci v. Royal Park Ltd. Partnership,
243 Conn. 552, 558-60 (1998).
This charge is drafted in the context where the dangerous
condition on the property is artificial and the trespasser is an
adult. If the
trespasser is a child, give the following charge instead:
Status of Parties – Children,
Connecticut also recognizes liability to trespassers for
dangerous activities on the property, as noted in
Morin v. Bell Court
Condominium Association, Inc., 223 Conn. 323 (1992) and
Maffucci v. Royal Park
Ltd. Partnership, 243 Conn. 552, 559 n.8 (1998), both of
which cite to Carlson v.
Connecticut Co., 95 Conn. 724 (1921) and Restatement
(Second), Torts § 334.
For dangerous activities, adjust this charge as