22.15 Land Abutting Streets

• Jurisdiction: Arizona

22.15 Land Abutting Streets. Arizona has adopted Restatement (Second) of Torts § 368, which creates liability for an owner of land adjacent to a highway who creates or maintains an artificial condition which injures those traveling on the highway or who foreseeably deviate.¹⁴⁴ Thus, but for the open water conduit doctrine, a landowner could have been found liable for the wrongful death of a child, who was thrown into the landowner’s irrigation canal after an automobile accident on the adjoining street, and...