“Plaintiff claims that he suffered harm because Defendant created a nuisance. To establish this claim, Plaintiff must prove all of the following: 1. That Plaintiff owned/leased/occupied/controlled the property; 2. That Defendant, by acting or failing to act, created a condition or permitted a condition to exist that: was harmful to health; was indecent or offensive to the senses; was an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; unlawfully obstructed the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or
highway; or was a fire hazard/other potentially dangerous condition to Plaintiff’s property; 3. That Defendant’s conduct in acting or failing to act was intentional and unreasonable/unintentional, but negligent or reckless/the condition that Defendant created or permitted to exist was the result of an abnormally dangerous activity; 4. That this condition substantially interfered with Plaintiff’s use or enjoyment of his land; 5. That an ordinary person would reasonably be annoyed or disturbed by Defendant’s conduct; 6. That Plaintiff did not consent to Defendant’s conduct; 7. That Plaintiff was harmed; 8. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm; and 9. That the seriousness of the harm outweighs the public benefit of Defendant’s conduct.”
[CACI Jury Instructions [citations omitted]]
