Martini v. Post, 178 Wash. App. 153 (2013)

Citation: Martini v. Post, 178 Wash. App. 153 (2013)
Parent Document: Martini v. Post, 178 Wash. App. 153 (2013)
Jurisdiction: Washington (state)
Effective Date: 2013-11-26
Original Source: https://www.courtlistener.com/opinion/4954189/martini-v-post/ ↗

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¶40 In Sjogren, Yvonne Sjogren (a nontenant) fell down a darkened stairway of an apartment complex when visiting *170her daughter. Sjogren, 118 Wn. App. at 147. Sjogren brought a negligence claim against the apartment owner and, on appeal, urged us to adopt section 17.6, relying on Lian I. Sjogren, 118 Wn. App. at 147, 151. We declined to do so for several reasons. Sjogren, 118 Wn. App. at 151. First, we noted that the dangerous condition in Lian I was not in a common area, whereas, in Sjogren, the stairway was in a common area. Sjogren, 118 Wn. App. at 151. Thus, in Lian I, the landlord’s common law duty to maintain common areas in a reasonably safe condition did not apply, whereas it did in Sjogren. Sjogren, 118 Wn. App. at 151. Second, Sjogren fit within the limited circumstances oí Restatement (Second) of Torts § 343A (1965), in which an obvious danger does not automatically bar recovery, and we found that a question of fact remained regarding whether the stairs were an obvious dangerous condition. Sjogren, 118 Wn. App. at 151. Thus, because Sjogren had the opportunity to pursue a claim under a different theory of landlord liability, we did not adopt section 17.6. See Sjogren, 118 Wn. App. at 151.

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