“Plaintiff claims that he suffered harm because Defendant created a nuisance. To establish this claim, Plaintiff must prove all of the following: 1. 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 Plaintiff’s property; 2. That the condition affected a substantial number of people at the same time; 3. That an ordinary person would be reasonably annoyed or disturbed by the condition; 4. That the seriousness of the harm outweighs the social utility of Defendant’s conduct; 5. That Plaintiff did not consent to Defendant’s conduct; 6. That Plaintiff suffered harm that was different from the type of harm suffered by the general public; and 7. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
