“Plaintiff claims that he was harmed by an unsafe concealed condition while employed by Plaintiff’s employer and working on Defendant’s property. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant owned/leased/occupied/controlled the property; 2. That Defendant knew, or reasonably should have known, of a preexisting unsafe concealed condition on the property; 3. That Plaintiff’s employer neither knew nor could be
reasonably expected to know of the unsafe concealed condition; 4. That the condition was not part of the work that Plaintiff’s employer was hired to perform; 5. That Defendant failed to warn Plaintiff’s employer of the condition; 6. That Plaintiff was harmed; and 7. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm. An unsafe condition is concealed if either it is not visible or its dangerous nature is not apparent to a reasonable person.”
[CACI Jury Instructions [citations omitted]]
