Duty of Care

The duty to protect others “outside the premises” from dangers originating on the property of owners and occupiers of land is another major issue in tort liability. For example, in one case a plaintiff injured herself when she crashed into a tree, which had fallen onto a highway from the defendant’s property. The court held that it is generally a question of fact as to whether a landowner has taken reasonable care in protecting people outside his land from dangerous conditions existing upon the land (Taylor v. Olsen, Or. Sup. Ct., 282 Or. 343, 578 P.2d 779 (1978)). The general rule is that a landowner has no duty to protect persons outside of his property from natural conditions existing on the property. But, liability has been found where the landowner was aware of the structural defects (such as a tree) and failed to take reasonable precautions to prevent harm (Turner v. Ridley, 144 A.2d 269 (D.C. 1958)). Another case held that landowners whose property is adjacent to public sidewalks or highways (such as a ballpark) owe a duty of care to take reasonable precautions for the protection of the traveling public. What precautions are reasonable must depend upon the facts and circumstances of the particular case (Salevan v. Wilmington Park, Inc., Del. Sup. Ct., 72 A.2d 239 (1950)).