Lian v. Stalick, 115 Wash. App. 590 (2003)

Citation: Lian v. Stalick, 115 Wash. App. 590 (2003)
Parent Document: Lian v. Stalick, 115 Wash. App. 590 (2003)
Jurisdiction: Washington (state)
Effective Date: 2003-02-11
Original Source: https://www.courtlistener.com/opinion/4934783/lian-v-stalick/ ↗

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Kurtz, J. —
Susan Lian, now Susan White, sued her landlord (collectively Mr. Stalick) for injuries after she fell on the decrepit steps leading to her apartment. The trial court awarded Ms. White damages for breach of habitability under the Residential Landlord-Tenant Act of 1973 (RLTA), chapter 59.18 RCW. Mr. Stalick appealed. In Lian v. Stalick, 106 Wn. App. 811, 818, 25 P.3d 467 (2001) (Lian I), this court determined that the RLTA could not support an award of personal injury damages, but that the Restatement (Second) of Property: Landlord and Tenant § 17.6 (1977) provided a remedy a tenant might pursue for injuries caused by a landlord’s failure to repair a dangerous condition found to constitute a breach of habitability under the RLTA. This court then reversed and remanded for clarification as to the liability theory, or theories, supporting the trial court’s award of damages. On remand, the trial court determined that Mr. Stalick was liable under the Restatement (Second) of Property § 17.6, that he had breached the implied warranty of habitability under the RLTA, and that he had breached various common law duties owed to Ms. White. In this second appeal, Mr. Stalick contends the trial court erred by ruling that (1) he was liable under section 17.6, and that (2) he had breached the implied warranty of habitability under the RLTA. We affirm the trial court’s holding that Mr. Stalick was liable under section 17.6. FACTS

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