§4.7 - Duties to Those Outside the Premises; Passers-By

• Jurisdiction: Washington

§4.7DUTIES TO THOSE OUTSIDE THE PREMISES; PASSERS-BY

The possessor's duties are not limited by the borders of the property. In general, the possessor of land owes a common-law duty to "prevent artificial conditions on his land from being unreasonably dangerous to highway travelers." Hutchins v. 1001 Fourth Ave. Assocs., 116 Wn.2d 217, 222, 802 P.2d 1360 (1991); see Restatement (Second) of Torts §368 (1965). The distinction between artificial conditions—including the alteration of natural conditions—and natural conditions lies in the dim past when most land was unsettled and uncultivated and the burden of placing it all in safe condition was out of all proportion to the likely harm. With an increase in population and consequent urbanization, the distinction probably loses its force.

The law is well settled that one must "maintain his property so as not to injure those using the adjacent highway[s]." Mills v. Orcas Power & Light Co., 56 Wn.2d 807, 818, 355 P.2d 781 (1960); see also Misterek v. Wash. Mineral Prods., 85 Wn.2d 166, 170, 531 P.2d 805 (1975); Kelly v. Gifford, 63 Wn.2d 221, 386 P.2d 415 (1963); Collais v. Buck & Bowers Oil Co., 175 Wash. 263, 27...