(concurring in the result) — I concur in the result reached by the majority. For the reasons stated in my concurring opinion in Chambers-Castanes v. King Cy., *309100 Wn.2d 275, 669 P.2d 451 (1983), however, I believe we should eliminate the "public duty doctrine" and simply apply general principles of tort law. The majority today moves far toward this goal by its narrow interpretation of the doctrine and the doctrine in this state may now be just a restatement of the general rule that liability for negligence requires a showing of a duty running to the plaintiff. Thus limited, however, giving the rule the special label "public duty doctrine" is unnecessary and obscures what is the proper analytical approach — hence, I would rid ourselves of this albatross once and for all.
I
To begin, I agree with the majority's general statements that RCW 4.96.010 was not intended to create duties where none existed before. I am also willing to concede that the Court of Appeals broad statement that "[a] duty owed to the public generally is also [always?] a duty owed to individual members of the public" (J & B Dev. Co. v. King Cy., 29 Wn. App. 942, 951, 631 P.2d 1002 (1981)) is probably overbroad. Indeed, it is always true that one of the elements of a cause of action for negligence is "the existence of a duty owed to the complaining party". (Italics mine.) Hansen v. Washington Natural Gas Co., 95 Wn.2d 773, 776, 632 P.2d 504 (1981). Cf. Davis v. Niagara Mach. Co., 90 Wn.2d 342, 346, 581 P.2d 1344 (1978) (duty established by statute gives rise to action for negligence only if plaintiff in class to be protected).
If the majority intends to limit the public duty doctrine to this principle, little harm is done. Other authorities, however, including some of those cited by the majority, appear to have given the doctrine a broader scope. For example, McQuillin prefaces his discussion of the doctrine by the caveat that "the tort liability of a public official is not in all circumstances identical with that of a private individual". 18 E. McQuillin, Municipal Corporations § 53.04b, at 126 (3d ed. 1977). In Georges v. Tudor, 16 Wn. App. 407, 556 P.2d 564 (1976), our Court of Appeals relied *310upon the public duty doctrine in holding that a negligent building inspection did not give rise to any liability to lessees and buyers whose property interests were damaged by the building's later collapse. See Georges, at 409-10. Yet numerous cases have held insurance companies liable to third parties in comparable situations (see cases cited in Adams v. State, 555 P.2d 235, 240-41 (Alaska 1976)) and the court in Georges made no attempt to distinguish these cases.
This broader view of the public duty doctrine is clearly inconsistent with the mandate of RCW 4.96.010 that governmental entities shall be liable for their torts "to the same extent as if they were a private person or corporation". By its description of the public duty doctrine as merely not creating duties which did not previously exist, the majority suggests that it would not approve of this broader view. At least, I presume, the majority would require that contrary authorities applicable to private defendants be distinguished on some basis other than the nature of the defendant.
Even if the public duty doctrine as enunciated by the majority merely restates general duty principles as applied to public bodies, I would disavow it. Such a restatement is superfluous. Moreover, it unnecessarily injects confusion into the law, for the existence of a special "doctrine" for one type of defendant implies some different analysis is to be applied in such cases.
II
My approach would be to analyze the duty question entirely without reference to the defendant's public status. In any negligence case, the duty question turns on policy considerations addressed to the court and the factual question of foreseeability addressed to the trier of fact. Bernethy v. Walt Failor's, Inc., 97 Wn.2d 929, 933, 653 P.2d 280 (1982). RCW 4.96.010 mandates, however, that our analysis of the policy aspect of the question be unaffected by the public status of the defendant. Where possible, *311analogies should be drawn to private parties performing comparable functions. For example, in Adams v. State, supra, the Alaska Supreme Court treated a public fire inspector just as a private insurance inspector and found a governmental duty because it recognized an analogous duty on the part of the private party. See Adams, at 240-41. In a case involving the negligence of law enforcement personnel, such as Chambers-Castanes v. King Cy., supra, we might analogize to the negligence of a private security firm hired by a large condominium association.
Where a unique public function is involved, drawing an analogy to comparable private functions is impossible. In such circumstances, one could by the public duty doctrine create a general rule of policy that the public body never has a duty toward the individual absent some special relationship.
I do not understand the majority to advocate such an approach. Indeed, we recognized by our analysis in Halvorson v. Dahl, 89 Wn.2d 673, 574 P.2d 1190 (1978) that governmental entities may be liable for failure to perform a statutory duty and that the question turns on the purpose and policies underlying the particular statute in question. See Halvorson, at 676-77. An absolute rule that, absent a special relationship, uniquely governmental functions may never give rise to a duty would also be inconsistent with the spirit, if not the purpose, of RCW 4.96.010.
The command of RCW 4.96.010 that governmental entities be liable for their torts to the same extent as private parties demands that even if no analogy can be drawn to a private function we nevertheless apply standard tort analysis. In analyzing the duties which arise out of performance of a uniquely public function, we should look to the same principles we look to in delineating the duties of private parties, i.e., foreseeability and any pertinent policy concerns. See Brennen v. Eugene, 285 Or. 401, 407, 591 P.2d 719 (1979). The public nature of the defendant, however, should be treated as entirely irrelevant.
*312III
Applying traditional tort principles in the present case, I reach the same conclusion as the majority — that King County owed J & B Development Company a duty and that the County breached that duty.
The threshold question in an action for negligence is whether the defendant owed a duty to the plaintiff. Bernethy v. Walt Failor's, Inc., supra at 932. Issuance of a building permit is in the nature of a representation that the proposed construction is in accordance with applicable governmental regulations. See Gordon v. Holt, 65 A.D.2d 344, 412 N.Y.S.2d 534 (1979). An entity, private or public, which makes such a representation in the course of its business has a duty to take reasonable care to assure that it is correct. Rogers v. Toppenish, 23 Wn. App. 554, 555-56, 596 P.2d 1096 (1979); Restatement (Second) of Torts § 552(1) (1977). In the present case, therefore, the County had a duty toward J & B to exercise due care in issuing a building permit.
Once the existence of a duty is shown, the plaintiff in a negligence action must next show a breach of the duty and a causal relationship between that breach and some injury. Bernethy v. Walt Failor's, Inc., supra at 932. Finally, recoverable damages may be reduced under rules of comparative negligence. See former RCW 4.22.010 (applicable to all claims arising between April 1, 1974, and July 26, 1981). While the trial court's express finding that Betty Lee, the County's employee, did not exercise due care is equivalent to a finding that the County breached its duty toward J & B, the court made no findings regarding causation, damages, or comparative negligence. We must therefore remand for further findings on these questions.
Thus, I reach a result in the present case identical to that of the majority. Indeed, it is not at all clear to me that the result produced by my approach would ever differ significantly from those reached under the public duty doctrine as enunciated by the majority today. Simply applying the standard tort rules applicable to private parties does, how*313ever, have the advantage of simplification and provides greater assurance that special treatment will no longer be given to governmental entities in the field of tort law. I urge this court to take such a final step toward the full implementation of RCW 4.96.010.