Sjogren v. Properties of Pacific Northwest, L.L.C., 118 Wash. App. 144 (2003)

Citation: Sjogren v. Properties of Pacific Northwest, L.L.C., 118 Wash. App. 144 (2003)
Parent Document: Sjogren v. Properties of Pacific Northwest, L.L.C., 118 Wash. App. 144 (2003)
Jurisdiction: Washington (state)
Effective Date: 2003-08-26
Original Source: https://www.courtlistener.com/opinion/4935955/sjogren-v-properties-of-pacific... ↗

Full Text

746 chars

Armstrong, J.
Yvonne Sjogren appeals a summary judgment dismissal of her personal injury action against the owner of an apartment building. Sjogren was visiting her daughter, a tenant in the apartment, when she fell in a darkened stairway. The trial judge ruled that the stairs were an obvious hazard for which the landlord was not liable. We hold that issues of material fact exist as to whether the darkened stairs were an obvious danger. Moreover, the landlord may owe Sjogren a duty of care under Restatement (Second) of Torts § 343A, which creates a duty *147to protect invitees even from known dangers where the landlord “should anticipate the harm despite such knowledge or obviousness.” Accordingly, we reverse and remand for trial. FACTS

Other Sections in This Document (22)

Full Text