What must a claimant prove in a trespass tort case?

In a trespass tort case, the correct assertion is that no proof of loss or damage is required. This distinguishes trespass torts from many other types of tort claims where the claimant must demonstrate actual harm or damage resulting from the defendant's actions. In trespass cases, the act of trespassing itself constitutes a wrongful intrusion upon another's property rights.

The rationale behind this principle lies in the nature of property rights and the purpose of trespass law, which is to protect individuals' rights to exclusive possession of their land. As a result, even if the property owner has not suffered any physical damage or loss, they can still bring a case against the trespasser simply for entering or interfering with their property without permission.

This approach emphasizes the importance of protecting property rights and upholding the integrity of private ownership. Therefore, in a trespass case, the mere occurrence of the trespass is sufficient for the claimant to establish their claim, requiring no additional proof of loss or damage.