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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lian v. Stalick, 106 Wash. App. 811 (2001)

Citation
Lian v. Stalick, 106 Wash. App. 811 (2001)
Parent Document
Lian v. Stalick, 106 Wash. App. 811 (2001)
Jurisdiction
Washington (state)
Effective Date
2001-06-19

Other Sections in This Document (99)

Full Text

567 chars
Mr. Stalick’s other contention, that the warranty of habitability does not apply because the steps were not a structural part of the building, is equally unpersuasive. In Stuart, the Supreme Court reasoned that defective access walkways would trigger a plausible habitability claim; a dwelling lacking a safe means of access is unfit for its intended purpose. Stuart, 109 Wn.2d at 417. Here, the rotting steps were directly attached and provided the sole means of access. The steps’ condition was neither a trivial nor an aesthetic defect. Atherton, 115 Wn.2d at 522.