49. DrillCo is an oil company that drills for oil off the shore of Hilton Head, South Carolina. Due to DrillCo’s negligence in performing the drilling, a large blow-out occurs, and oil is spread onto the shore. Some direct beachfront owners have oil wash up onto their property with harmful direct results to the land. Peg owns and runs a hotel that is two blocks from the waterfront; no part of the hotel is directly touched by the spill, and no guest or member is physically injured. Because the beach is rendered unsightly for a one-year clean-up period, occupancy at Peg’s hotel (like that of most local hotel keepers) diminishes by 60%, leaving her with a loss of $100,000 in profits compared with the profits in a normal year. Assume that the facts constitute an actionable public nuisance. Under prevailing modern law, may Peg recover $100,000 in damages from DrillCo? (Assume there are no statutes on point.)

Duty to those outside the premises: A landowner has a general duty to prevent an unreasonable risk of harm to persons off the land from artificial conditions on the land. (Traditionally, the owner has no duty to remove a natural condition that poses risk to those off the land.)
Trespassers: As a general rule, the landowner owes no duty to a trespasser to make her land safe, to warn of dangers on it, or to protect the trespasser in any other way. But there are important exceptions to this rule.