CHAPTER 18 TRESPASS TO LAND Trespass Elements of Liability — Intentionally Defined — Consent Actual or Nominal Damages 18:1 TRESPASS ELEMENTS OF LIABILITY — For the plaintiff, to recover from the defendant, on (his) (her) claim (name), (name), of trespass, you must find that (both) (all) of the following have been proved by a preponderance of the evidence: 1. The plaintiff was (the owner) (in lawful possession of) (insert appropriate and description of property); 2. The defendant intentionally (entered upon) (caused another to trial upon) (caused to come upon) that property. [insert appropriate description] (3. The caused physical damage to plaintiff’s [insert appropriate description] property.) If you find that one of these statements has not been proved, then your verdict must be for the defendant. On the other hand, if you find that (both) (all) of these statements have been proved, (then your verdict must be for the plaintiff) (then you must consider the defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete defense to plaintiff’s claim]). If you find that (this affirmative defense has) (any one or more of these affirmative defenses have) been proved by a preponderance of the evidence, then your verdict must be for the defendant. However, if you find that (this affirmative defense has) (any one or more of these affirmative defenses have) not been proved, then your verdict must be for the plaintiff. Notes on Use 1. Use whichever parenthesized phrase is most appropriate. 2. Paragraph 3 should be used only when the intrusion onto property is intangible. See Pub. Serv. Co. of Colo. v. Van Wyk, 27 P.3d 377 (Colo. 2001) (intrusions of electromagnetic
CHAPTER 18 TRESPASS TO LAND Trespass — Elements of Liability Intentionally — Defined Consent Actual or Nominal Damages 18:1 TRESPASS — ELEMENTS OF LIABILITY For the plaintiff, (name), to recover from the defendant, (name), on (his) (her) claim of trespass, you must find that (both) (all) of the following have been proved by a preponderance of the evidence: 1. The plaintiff was (the owner) (in lawful possession of) (insert appropriate description of property); and 2. The defendant intentionally (entered upon) (caused another to upon) (caused [insert appropriate description] to come upon) that property. (3. The [insert appropriate description] caused physical damage to plaintiff’s property.) If you find that one of these statements has not been proved, then your verdict must be for the defendant. On the other hand, if you find that (both) (all) of these statements have been proved, (then your verdict must be for the plaintiff) (then you must consider the defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete defense to plaintiff’s claim]). If you find that (this affirmative defense has) (any one or more of these affirmative defenses have) been proved by a preponderance of the evidence, then your verdict must be for the defendant. However, if you find that (this affirmative defense has) (any one or more of these affirmative defenses have) not been proved, then your verdict must be for the plaintiff. Notes on Use 1. Use whichever parenthesized phrase is most appropriate. 2. Paragraph 3 should be used only when the intrusion onto property is intangible. See Pub. Serv. Co. of Colo. v. Van Wyk, 27 P.3d 377 (Colo. 2001) (intrusions of electromagnetic trial
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