No Liability for Distracting Activities on Premises

There is no duty to the users of adjacent public streets in refraining from having activities that would distract passing motorists. Therefore, motorists have a duty to exercise reasonable care when driving. This includes motorists to not permit their attention to be so distracted by sights or sounds as to interfere with the safe operation of their vehicles. Hence, if a motorist is exercising due care, events in progress on property pose no risk of harm to anyone (pedestrians, bicyclists, or motorists) on the adjacent public streets.

Duty to Protect From Conduct of Third Persons

There is a duty upon landowners to protect entrants from the wrongful acts of third persons that threaten the safety of entrants when injury resulting from foreseeable acts. The possessor must have reasonable cause to anticipate (1) the wrongful conduct, and (2) the probability of injury resulting from the misconduct. Liability is not applicable unless both of the following are satisfied. First, the landowner must fail to take reasonable steps to protect persons from foreseeable injury by a third person. Second, the failure to take such steps was the cause of the injury.

A duty is required if there is a reasonable cause. Therefore, when a duty is established to third persons the following need to be met. A possessor is required to (1) give a warning adequate to enable the entrant to avoid the harm, or (2) otherwise protect the entrant against the harm.

A test of forseeability is also managed when determining liability. Here, the duty to control third persons will not be imposed if the possessor has no reason to anticipate the wrongful acts of third persons and no reasonable opportunity or means to prevent them from occurring. Thus, forseeability is basically what is likely to occur by a reasonably thoughtful person. A relevant factor that may be relevant to forseeability may include the length of time that occurred during the incident.

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