Tucker v. Hayford, 118 Wash. App. 246 (2003)

Citation: Tucker v. Hayford, 118 Wash. App. 246 (2003)
Parent Document: Tucker v. Hayford, 118 Wash. App. 246 (2003)
Jurisdiction: Washington (state)
Effective Date: 2003-09-04
Original Source: https://www.courtlistener.com/opinion/4935965/tucker-v-hayford/ ↗

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The Tuckers moved into this home in 1998. The well was last tested in 1993. It was not tested again until after the Tuckers tested it in 2000. But this was after the Tuckers got sick. It had not then been tested for the five years prior to the Tuckers’ moving in despite a recommendation by the health department that it be tested annually. This well was not then maintained at the time the property was leased to the Tuckers. And the condition of the water was certainly hidden or latent as to the Tuckers. Mr. Hayford did not warn the Tuckers. Mr. Hayford was aware of the report that required the annual testing. The Tuckers have then raised an issue of fact — whether Mr. Hayford knew or should have known of this latent defect.

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