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This has to do with duty owed to a trespasser. There are several levels of duties owed by a landlord to people who step on their land:
-a certain duty to an invitee,
-a certain duty to a licensee,
-a certain duty to a trespasser (virtually, none), and
-a certain duty to a child trespasser.
Here, we have an adult trespasser. Like all US jurisdictions, Connecticut bestows virtually no
duty owed to a trespasser: A possessor of land has no duty to anticipate the presence of trespassers. Marchand v. New York, New Haven & Hartford R. Co., 146 Conn. 599, 604-605, 153 A.2d 438 (1959); see DeSantis v. New England Furniture Co., 132 Conn. 134, 136, 42 A.2d 792 (1945); Deacy v. McDonnell, 131 Conn. 101, 103-104, 38 A.2d 181 (1944).
This is a well-established doctrine. The trespasser has no legal recourse.
One possible caveat is that the plaintiff must have presented evidence of some facts within the defendants' knowledge from which they should have known of the presence of trespassers routinely intruding (and thus, a duty possibly existing). Maffucci v. Royal Park Ltd. Partnership, 243 Conn. 552 - Conn: Supreme Court 1998
. But in your scenario, this does not seem as an option.
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