“Plaintiff claims that Defendant unreasonably failed to put an end to an artificial condition on Defendant’s land that was a public/private nuisance. To establish this claim, in addition to proving that the condition created a nuisance, Plaintiff must also prove all of the following: 1. That Defendant was in possession of the land where the artificial condition existed; 2. That Defendant knew or should have known of the condition and that it created a nuisance or an unreasonable risk of nuisance; 3. That Defendant knew or should have known that Plaintiff/the affected members of the public did not consent to the condition; and 4. That after a reasonable opportunity, Defendant failed to take reasonable steps to put an end to the condition or to protect Plaintiff/the public from the nuisance.”
[CACI Jury Instructions [citations omitted]]
