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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lian v. Stalick, 62 P.3d 933 (2003)

Citation
Lian v. Stalick, 62 P.3d 933 (2003)
Parent Document
Lian v. Stalick, 62 P.3d 933 (2003)
Jurisdiction
Washington (state)
Effective Date
2003-02-11

Full Text

937 chars
This rule applies even when the dangerous condition occurs in an area of the premises under the control of the tenant so long as the defect constitutes a violation of either the implied warranty of habitability or a duty imposed by statute or regulation. *936 Comment (a) in the Restatement explains that "[a]n overriding requirement of the rule of this section is that there be a dangerous condition on the leased property, the existence of which is in violation of either an implied warranty of habitability or a duty created by statute or administrative regulation." RESTATEMENT, supra. The fact that the tenant has notice of the dangerous condition does not mean that § 17.6 is inapplicable. RESTATEMENT, supra, cmt. b. In contrast, a landlord is subject to liability under § 17.6 only for those conditions he is aware of or for those conditions he could have known about in the exercise of ordinary care. RESTATEMENT, supra, cmt. c.